Acts and resolutions of the General Assembly of the state of Georgia. 1911 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia Atlanta: Chas. P. Byrd 19110000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1911 19110000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Atlanta, Ga. Chas. P. Byrd, State Printer, 1911.

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TABLE OF TITLES. PART I.PUBLIC LAWS TITLE I.APPROPRIATIONS TITLE II.AMENDMENTS TO CONSTITUTION TITLE III.CODE AMENDMENTS TITLE IV.SUPERIOR COURTS TITLE V.MISCELLANEOUS PART II.LOCAL LAWS TITLE I.CITY AND COUNTY COURTS TITLE II.MISCELLANEOUS PART III.CORPORATIONS TITLE I.MUNICIPAL CORPORATIONS TITLE II.MISCELLANEOUS PART IV.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE General Assembly OF 1910 PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS TITLE II.AMENDMENTS TO CONSTITUTION TITLE III.CODE AMENDMENTS TITLE IV.SUPERIOR COURTS TITLE V.MISCELLANEOUS

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TITLE I. APPROPRIATIONS. ACTS For Expenses of the Government for 1912 and 1913. To Supply Deficiences in Certain Funds. For the State Normal School. For the Georgia Normal and Industrial College. For the Agricultural, Industrial and Normal College. For the Confederate Soldiers Home. For Expenses of Committee on Convict System. For Agricultural Department. For State Board of Entomology.

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APPROPRIATIONS FOR EXPENSES OF THE GOVERNMENT. No. 284. An Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government; for the payment of the public debt and interest thereon; to pay pensions; to provide for the support of the public institutions and the educational interests of the State, for each of the fiscal years 1912 and 1913, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the following sums of money be, and the same are hereby, appropriated on account of and for the support of the Executive Department of the State Government for each of the fiscal years 1912 and 1913, to the persons and for the purposes respectively hereinafter mentioned and set forth, to-wit: Appropriations for Executive Department. For the salary of the Governor, Five Thousand Dollars. For the salary of the Secretary of the State, Two Thousand Dollars. For the salary of the State Treasurer, Two Thousand Dollars.

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For the salary of the Comptroller-General, Two Thousand Dollars. For the salary of the Attorney-General, Three Thousand Dollars. For the salaries of the secretaries and clerks of the Executive Department, Six Thousand Dollars. For the salary of the Clerk of the Secretary of State, One Thousand Dollars. For the salary of the Clerk of the State Treasurer, One Thousand Six Hundred Dollars. For the salaries of the Clerks of the Comptroller-General's office, including the insurance clerk and the clerk in the Wild Lands office, Four Thousand Dollars. For the salary of the clerk of the Attorney-General, One Thousand Eight Hundred Dollars. For the salary of the stenographer of the State Bank Examiner, the sum of Eighteen Hundred Dollars per annum; also to appropriate two hundred and twenty-five dollars to pay the salary accruing from the 15th day of August, 1911, to January 1st, 1912, as provided by the bill increasing said salary. For the contingent fund, to be expended by the Governor, according to law, the sum of Fifteen Thousand Dollars, or so much thereof as be needed. Contingent fund. Sec. 2. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are,

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hereby appropriated on account of and for the support of the Judicial Department of the State Government for each of the fiscal years 1912 and 1913: For Judicial Department. For the salaries of the Judges of the Supreme Court, each Four Thousand Dollars; for the salaries of the Judges of the Court of Appeals, each Four Thousand Dollars; for the salaries of the Judges of the Superior Courts, each Three Thousand Dollars; for the salaries of the Solicitors-General, each Two Hundred and Fifty Dollars; for the salaries of the Supreme Court stenographers, each Fifteen Hundred Dollars; for the salaries of the Supreme Court reporters, each Two Thousand Dollars; for the salary of the Sheriff of the Supreme Court, One Thousand Dollars; for the salaries of the Court of Appeals reporters, each One Thousand Dollars; for the salaries of the Court of Appeals stenographers, each Fifteen Hundred Dollars; for the salary of the sheriff of the Court of Appeals, One Thousand Dollars; to pay the fees of the Solicitors-General in criminal cases, before the Supreme Court, such amounts as may be due them under the fee bill provided by law; to pay the Clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of the Clerk, an amount equal to the difference between the amount due said Clerk and said costs, as provided by Section 6126 of the Code of 1910; to pay the Clerk of the Court of Appeals his salary, if the costs in the Court of Appeals do not amount to the sum, allowed by law, for the compensation of said Clerk, an amount equal to the difference of the amount due said Clerk and said costs as provided by law; for the contingent fund of the Supreme Court, to pay for necessary printing, stationery, record books, binding the opinions of

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the Court, hiring a porter, etc., the sum of Twelve Hundred Dollars, or so much thereof as may be needed; to pay the Clerk of the Court of Appeals the costs due him in pauper criminal cases returned to said Court, such a sum as shall be reported by said Clerk to the Governor under the seal of said Court before receiving compensation therefor, as provided by law; for the contingent fund of the Court of Appeals, to pay for the necessary printing, stationery, record books, binding the opinions of the Court, hiring a porter, etc., the sum of One Thousand Dollars, or so much thereof as may be needed. Contingent fund Supreme Court. Costs in pauper cases in Court of Appeals. Contingent fund Court of Appeals. Sec. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the Legislative Department of the State Government, for each of the fiscal years 1912 and 1913, to the persons and for the purposes hereinafter mentioned, to-wit: For Legislative Department. For compensation of the President of the Senate and Speaker of the House of Representatives, the sum of Seven Dollars per diem, each, during the session of the General Assembly, and mileage at the rate of ten cents per mile, by the nearest practical route in going to and returning from the Capitol. For compensation of the members of the General Assembly, Four Dollars per diem, each, and mileage at the rate of 10 cents per mile, by the nearest practical route in going to and returning from the Capitol. For compensation of the Secretary of the Senate, the sum of Sixty Dollars, per diem, out of which he shall pay

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the entire clerical expenses of the Senate, as provided by the Act of October the 8th, 1879. For compensation of the Clerk of the House of Representatives, the sum of Seventy Dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by Act of Oct. 8th, 1879. For compensation of the Door-Keeper of the Senate and Door-Keeper of the House of Representatives and Messenger of the Senate, and Messenger of the House of Representatives, Four Dollars per diem, each, and the same mileage as allowed the members of the General Assembly. For compensation of the Postmistress of the House of Representatives for the session of 1912 and 1913, Four Dollars per diem, and the same mileage as is allowed members of the General Assembly. For compensation of one Gallery Keeper of the Senate and one for the House of Representatives, for the sessions of 1912 and 1913, Four Dollars per diem, each; for one Assistant Door-Keeper for the floor of the Senate (also Assistant to Messenger) for the sessions of 1912 and 1913, Four Dollars per diem. For compensation of two Assistant Doorkeepers for the Senate and four for the House of Representatives, for the sessions of 1912 and 1913, Four Dollars per diem, each. For compensation of the Chaplain of the Senate and for the Chaplain of the House of Representatives, for the sessions of 1912 and 1913, Four Dollars per diem, each.

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For compensation of four Porters for the Senate and eight for the House of Representatives, for the sessions of 1912 and 1913, Two Dollars per diem, each. For compensation of the Head Porter of the Senate and Head Porter of the House of Representatives, for the sessions of 1912 and 1913, Three Dollars per diem, each. For compensation of five Pages to the Senate to be appointed by the Messenger of the Senate during 1912, and by the President of the Senate thereafter, and six Pages for the House of Representatives and one additional Special Page to the Speaker of the House and one Special Page for the Postmistress, to be appointed by the Speaker, Two Dollars per diem, each, for the sessions of 1912 and 1913, provided , no Page be appointed for less than 25 days. For compensation of one elevator operator, to be appointed by the Keeper of Public Buildings for the years 1912 and 1913, the sum of Forty Dollars per month. For compensation of one attendant each for the toilet rooms of the Senate and House of Representatives, to be appointed by the Secretary of the Senate and Clerk of the House of Representatives, Two Dollars per diem, each, during the sessions of 1912 and 1913. For compensation of the several Committeemen of the Senate and the House of Representatives, visiting by appointment the various public institutions of the State, the sum of Five Thousand Dollars, or so much thereof as may be needed to be paid only upon itemized accounts showing the actual necessary expenses paid in cash by each Committeeman, making such visits and in no case to exceed the

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actual amount expended. To pay the incidental expenses of the General Assembly to be paid on itemized accounts, accompanied by properly receipted vouchers for the payments made, and presented to the Governor by the Secretary of the Senate and Clerk of the House of Representatives, Seventy-five Dollars for the House of Representatives and Fifty Dollars for the Senate, or so much thereof respectively as may be needed. To pay the accounts for the purchase of stationary furnished the General Assembly, Seven Hundred Dollars, or so much thereof as may be necessary to be paid on itemized account supported by properly receipted vouchers and presented to the Governor before warrants are drawn therefor. To pay for indexing the Journal of the Senate and the Journal of the House of Representatives, each, Seventy-five Dollars, to be paid to the Journal Clerks of the Senate and House of Representatives, respectively, upon completion of the work. To pay for the binding of Journals of the Senate and House of Representatives, as provided by the Acts of 1899, the sum of Five Hundred and Fifty Dollars, or so much thereof as may be needed. Sec. 4. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are, appropriated for and on account of the hereinafter designated public institutions of the State, for each of the fiscal years 1912 and 1913, each, to-wit: For public institutions. For the support and maintenance of the Academy for the Blind and for the salaries of its officers and attachees, the sum of Thirty Thousand Dollars for each of the years 1912 and 1913, or so much thereof as may be needed. The Governor shall require of the Superintendent of the Academy

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an itemized monthly statement of all expenditures, which statements shall be submitted to the board of trustees and approved by it. Academy for the Blind. For the support and maintenance of the Georgia School for the Deaf and Dumb, and for the pay of its officers and attachees, the sum of Fifty Thousand Dollars, or so much thereof as may be needed. The Governor shall require of the Superintendent of the School an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by it. Georgia School for the Deaf and Dumb. For the support and maintenance of the Georgia State Sanitarium, and for the salaries of its officers and attachees, including Twenty-five Hundred Dollars each year for the salary of the resident physician, the sum of Five Hundred and Thirty Thousand Dollars for the year 1912, and the sum of Five Hundred and Thirty Thousand Dollars for the year 1913, or so much thereof as may be needed, to be expended only when directed by the Board of Trustees. The Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of the said Sanitarium. The Governor shall require the Superintendent and Resident Physician to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees. The ordinary repairs to the building and property of the Sanitarium shall be paid for from this appropriation at such times and in such amounts as may be approved by the Board of Trustees in regular session. Georgia State Sanitarium. For the salaries of the Trustees of the Georgia State Sanitarium, the sum of One Hundred and Fifty Dollars

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each, and their actual railroad expenses in going and returning from the Sanitarium, as provided by law, shall be paid out of the above appropriation. For the support and maintenance of the Soldiers' Home of Georgia, and for the pay of its officers and attachees under the Act approved December 19th, 1900, the sum of Twenty-seven Thousand Five Hundred Dollars, or so much thereof as may be needed. The Governor shall pay said sum to the Treasurer of said Home in monthly installments; shall require of said Treasurer an itemized monthly statement of all expenditures, and of the Superintendent of the Home an itemized statement of all goods received during the past month at said Home, both of which statements shall be submitted to and approved by the Board of Trustees. Soldiers' Home. For the support and maintenance of Georgia State Sanitarium for the treatment of consumptive patients located at Alto, the sum of $20,000.00 for the year 1912, and the sum of $20,000.00 for the year 1913, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees. The Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of said Sanitarium, requiring the trustees and other persons in charge of the management of said institution to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees. State Sanitarium. Sec. 5 . Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby, appropriated for and on account of the following public institutions of the State, for the salaries of the State School

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Commissioner's office and for the common schools of the State for each of the fiscal years of 1912 and 1913, to-wit: For the State University at Athens, for the support and maintenance of the same, the sum of Fifty-two Thousand, Five Hundred Dollars, to be expended under the direction of the Board of Trustees. State University. For the University of Georgia for the payment of the interest on what is known as the land script fund, the sum of Six Thousand Three Hundred and Fourteen Dollars and Fourteen Cents. For payment of the annual interest on the debt due by the State to the University of Georgia, Eight Thousand Dollars. For the University of Georgia for the maintenance of the summer school at Athens for the white teachers of the State, as provided by the Act of December 22, 1898, the sum of Five Thousand Dollars. For the University of Georgia to be expended by and through the Board of Trustees of the State College of Agriculture for the organization and conduct of Farmers' Institutes of this State, the sum of Two Thousand and Five Hundred Dollars. College of Agriculture. To pay the Trustees of the State University, as provided by the Act of 1899, the sum of Four Dollars per diem, each, for expenses at the meeting of the Board of Trustees, and actual railroad fares to be paid to and from the place of meeting; said sums to be paid out of the foregoing aptropriation for the support and maintenance of the State University at Athens. Trustees of University.

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For the University of Georgia, for the support and maintenance of the School of Technology at Atlanta, the sum of Seventy-five Thousand Dollars, the report required of the Chairman of the local Board of Trustees to be made to the Governor shall be submitted to the General Assembly at the opening of the session thereof. Before the appropriation herein made is available, it shall be the duty of the local Board of Trustees to establish a rule allowing free tuition to only fifteen students from any one county in the State, and fixing the tuition to be paid by those in excess of this number from any such county. Schol of Technology. For the University of Georgia for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville, the sum of Forty-seven Thousand Five Hundred Dollars. The Chairman of the Board of Trustees shall report annually to the General Assembly the number of pay pupils, tuition charged, and an itemized statement of all receipts and expenditures. Georgia Normal and Industrial College. For the University of Georgia for the support and maintenance of the North Georgia Agricultural College at Dahlonega, the sum of Twenty-one Thousand Five Hundred Dollars, provided , that under no pretext whatever, whether as tuition or matriculation for shall such college charge exceeding ten dollars per annum or five dollars per term for each pupil, and any charge in excess of such sums shall work a forfeiture of this appropriation. The Chairman of the Board of Trustees shall report annually to the General Assembly the number of pupils, teachers, salaries paid teachers, from whom and how much is collected in tuition fees and an itemized statement of all receipts and expenditures; provided. further , that no part of this appropriation

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shall be used to pay salaries to any member of the Board of Trustees of said college for his services as said Trustee, or otherwise, and if this provision is violated, it shall work a forfeiture of said appropriation. North Georgia Agricultural College. For the University of Georgia for the support and maintenance of the State Normal School at Athens, the sum of Forty-two Thousand Dollars; provided , the Chairman of the Board of Trustees shall report annually to the General Assembly the names and numbers of persons attending said school, and from whom and how much is collected, tuition fees, the names and number of teachers, the salaries paid each, and an itemized statement of all receipts and expenditures. State Normal School. For the University of Georgia for the support and maintenance of the State College of Agriculture at Athens, the sum of One Hundred Thousand Dollars; provided , that Forty Thousand Dollars of said amount so appropriated shall be used exclusively for extension work to be expended under the direction of the Board of Trustees for said college. The Chairman of the Board of Trustees shall report annually to the General Assembly an itemized statement of all receipts and expenditures and a detailed statement of the affairs of said college. State College of Agriculture. For the University of Georgia for the support and maintenance of the School for Colored People at Savannah, under the Act approved December 19, 1900, the sum of Eight Thousand Dollars. The Chairman of the Board of Trustees shall report annually to the General Assembly the names, number and residence of persons attending said school; from whom and how much received in tuition fees;

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the names and number of teachers and the salaries paid each, and an itemized statement of all receipts and expenditures. School for colored people. For the University of Georgia for the support and maintenance of the Agricultural and Mechanical Schools, established in pursuance of the Act approved August 18, 1906. The funds arising from the inspection of fertilizers and oils, and from the inspection prescribed by the Pure Food and Drug Law, less the actual cost and expenses incident to the inspection and analysis thereof, including the salaries of the Food and Drug Inspectors; and in addition to the foregoing, the sum of Two Thousand Dollars to each of said schools, or so much thereof as may be necessary to provide a maximum annual revenue of Ten Thousand Dollars for each of said schools, as provided by the Act of August 14, 1909. Agricultural and Mechanical Schools. For the salary of the State School Commissioner the sum of Two Thousand Dollars. For the salary of the Clerk of the State School Commissioner the sum of One Thousand Two Hundred Dollars. State School Commissioner Clerk. For the support and maintenance of the common schools of the State, the sum of Two Million, Five Hundred Thousand Dollars for each of the years 1912 and 1913; and the further sum of One Hundred Thousand Dollars, which last shall be available either in the year 1913 or at the rate of Fifty Thousand Dollars for each of the years 1912 and 1913, according as the funds may be collected and in the Treasury which can be made available for this purpose; said sum including poll tax, one-half the rental of the Western and Atlantic Railroad, show taxes, dividends from

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Georgia Railroad stocks, and funds realized from the taxation of dogs, and other funds set aside, by law, to the common school fund. The annual estimate heretofore set aside by the Comptroller-General, the Treasurer, and the State School Commissioner, of the amount of the school fund, shall be discontinued and the fixed sums here appropriated for each year shall constitute the common school fund. Common schools. Sec. 6. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated to pay the recognized valid debts of the State as follows, to-wit: One Hundred Thousand Dollars on bonds maturing January 1, 1912, and One Hundred Thousand Dollars on bonds maturing January 1, 1913, to be paid out of the sinking fund. Public debts. To pay the interest on the recognized valid debt of the State maturing in 1912, the sum of Two Hundred, Eightyseven Thousand, Nine Hundred Forty-five Dollars. To pay the interest on the recognized valid debt of the State maturing in 1913, the sum of Two Hundred, Eightythree Thousand, Four Hundred and Forty-five Dollars. Sec. 7. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated to and for the following departments of the State Government, for each of the fiscal years 1912 and 1913, to-wit: For Departments of State. (1) The Department of Agriculture. For the salary of the Commissioner of Agriculture, Three Thousand Dollars. Commissioner of Agriculture.

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For the salary of the Clerk of the Commissioner of Agriculture, Eighteen Hundred Dollars. Clerk. For the salary of the Chief Oil Inspector, Twelve Hundred Dollars. Oil Inspector. For the salary of the Chemist of the Agricultural Department, the sum of Three Thousand Dollars, as provided in paragraph 1557 of the Code of 1895. Chemist. For the salaries of the two Assistant Chemists, as provided in the Act of 1891, the sum of One Thousand Dollars each. Assistants. For replenishing chemicals and apparatus used by the State Chemist and his Assistants, the sum of One Thousand Dollars, or as much thereof as may be needed and the further sum of Five Thousand Dollars, or so much thereof as may be necessary for additional assistants, maintenance of laboratories, purchase of chemicals and all other necessary expenses in connection with the analysis of fertilizers and feed stuffs to be expended as follows: $3,000.00 for equipment and maintenance of laboratory, purchase of chemicals and all other necessary expense incidental to the chemical analysis of fertilizer and feed stuffs, as provided by the Act approved August 15th, 1910. Laboratories. For the payment of the cattle inspectors appointed by the Commissioner of Agriculture, for the purpose of inspecting cattle as provided by the Act approved December 20, 1899 and locating and quarantining such as may be infected with distemper or infectious diseases, the sum of Five Hundred Dollars, or as much thereof as may be needed. Cattle Inspectors.

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For the maintenance of the Department of Agriculture, the sum of Ten Thousand Dollars, as provided by paragraph 2084 of the Code of 1910. Department of Agriculture. Also Ten Thousand Dollars for the purpose of carrying out the provisions of the Pure Food and Drug Act of Georgia, approved August 21st, 1906. Pure Food. For the salary of the State Veterinarian the sum of Two Thousand Five Hundred Dollars and actual travelling expenses while travelling in the service of the State in the regular discharge of his duty. Veterinarian. Also Five Thousand Dollars for the purpose of carrying, out the provisions relating to the protection of the live stock of the State of Georgia, from contagious and infectious diseases, and for cattle tick eradication, as contained in the Act approved August 16, 1909. Protection of live stock. (2) For the Department of Horticulture and Entomology. Horticulture and Entomology. For the salary of the State Entomologist, the sum of Two Thousand Dollars. For the employment of the Assistant Entomologist, whose compensation shall be fixed by the State Board of Entomology, for the payment of travelling expenses, equipment and maintenance of laboratory, publication of bulletins and other reports, for defraying all other expenses in carrying out the provisions of the Act of December 21, 1900, creating and establishing the department, and the Acts amendatory thereof, the sum of Ten Thousand Dollars, or so much thereof as may be necessary.

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(3) For the Geological Department. For the maintenance of the Geological Department of the State, the sum of Ten Thousand Dollars, as provided by the Act of 1889; provided , that the State Geologist shall require the acting Chemist of the Department to assay any ores and analyze any specimens of clay, kaolin or cement, that may be sent in by any citizen of the State, with a view to ascertain the commercial value of such ore, clay, kaolin or cement. Geological Department. The State Geologist shall furnish any citizen a certificate, giving the result of such assay or analysis. For the printing fund of the Geological Department the sum of Twenty-five Hundred Dollars, or so much thereof as may be needed. (4) For the Prison Department. For the salaries of the Prison Commissioners, each, Two Thousand Dollars. Prison Department. For the salary of the Clerk of the Prison Commission the sum of One Thousand Eight Hundred Dollars. For the support and maintenance of the Prison Department the sum of Eighty Thousand Dollars, for the year 1912, or so much thereof as may be needed. For the support and maintenance of the Prison Department, the sum of Eighty Thousand Dollars, for the year 1913, or so much thereof as may be needed.

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This amount shall be for the support of the Prison Commission, including the Prison Farm and Reformatory for youthful criminals. The proceeds of the sale of all the farm products shall be turned into the State Treasury. (5) For the Railroad Commission. For the salary of the Chairman of the Railroad Commission, Four Thousand Dollars. Railroad Commission. For the salaries of the remaining Railroad Commissioners each, Two Thousand Five Hundred Dollars. For the salary or salaries, of one or more rate experts, Four Thousand Dollars. For the salary of special attorney to the Railroad Commission, Two Thousand Five Hundred Dollars. For the salary of the Secretary to the Railroad Commission, Two Thousand Dollars. For the salary of the stenographer for the Railroad Commission, One Thousand Two Hundred Dollars. For the printing fund of the Railroad Commission, the sum of Two Thousand Dollars, or so much thereof as may be needed to pay for such printing and advertising and publishing as the Commission may deem necessary and required by law. For the contingent expense funds of the Railroad Commission, the sum of Three Thousand Dollars, or so much thereof as may be necessary, to be paid out of the Treasury on the order of the Governor.

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(6) For the Department of Pensions. Pension Department. For the salary of the Pension Commissioner the sum of Three Thousand Dollars. For clerical help in the Pension Department, the sum of One Thousand Eight Hundred Dollars. For the payment of pensions to maimed and disabled Confederate soldiers, as provided by law, the sum of One Hundred Twenty Thousand dollars, or so much thereof as may be needed. For the payment of pensions to aged and indigent Confederate Soldiers as provided by the Act of 1894, the sum of Five Hundred and Fifteen Thousand Dollars, or so much thereof as may be needed. For the payment of pensions to the widows of the ex-Confederate soldiers who are indigent, and by reason of age and poverty, infirmity and poverty or blindness and poverty, are unable to provide for themselves, the sum of One Hundred and Forty-five Thousand Dollars, or so much thereof as may be needed, as provided in the Acts of December 19, 1900. For the payment of pensions to the widows of such Confederate Soldiers as may have died in the service or since from wounds received therein, or disease contracted in the service of the Confederate States, the sum of One Hundred Thousand Dollars, or so much thereof as may be needed. For the payment of pensions to ex-Confederate soldiers and to the widows of ex-Confederate soldiers, (married

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prior to the first of January, 1870), not worth over Fifteen Hundred Dollars, as provided by the Act approved July 8, 1910, the sum of Three Hundred Thousand dollars or so much thereof as may be needed. Should there be a surplus in the Treasury of money appropriated under this Act, to pay a particular class of pensioners and in another class the appropriation is insufficient, the Treasurer is authorized and directed hereby, to transfer the surplus fund to that class where the appropriation has proven insufficient. After paying all claims of pensioners if there still shall be a surplus of funds appropriated for pensioners for either of said years, the same shall, by the Treasurer, be transferred to the general fund on July first of each of such years. (7) For the State Library. State Library. For the salary of the State Librarian the sum of One Thousand Eight Hundred dollars. For the salary of the Assistant State Librarian, the sum of One Thousand Two Hundred Dollars. For the State Library, to be expended by the Librarian, in employing an additional Assistant, Seven Hundred and Fifty Dollars. For the State Library, for the purchasing of books, etc., and for such articles and supplies as may be needed by the Supreme Court, in the conduct of its business, for which provision is not elsewhere made, the sum of Three Thousand Dollars, or so much thereof as may be needed to be expended as the Judges of the Supreme Court may direct.

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For the State Library for printing new volumes of the Supreme Court and Court of Appeals Reports, the sum of Ten Thousand Dollars or so much thereof as may be needed. For the State Library for the purchase of such books, articles, and supplies as may be needed by the Court of Appeals in the conduct of its business, for which provision is not elsewhere made, the sum of One Thousand Dollars, to be expended as the Court of Appeals may direct. For reprinting the Earlier Georgia Reports where the copyrights on same have expired such sum as may be needed, to be paid for only out of funds received into the State Treasury during the years of 1912 and 1913 from the Sales of Georgia Reports, the State Codes and Acts. For compiling and publishing under the direction of the Governor, the Colonial, Revolutionary and Confederate Records of Georgia, such sum as may be needed to pay the contract price for such work and publishing to be paid for only out of the money received into the State Treasury during the years of 1912 and 1913, from the sales of Georgia Reports Codes, and Acts and Colonial, Revolutionary and Confederate Records; provided , the expense incurred in annotating Georgia Reports shall be paid for only out of the funds received from the sale of those reports which have been annotated and actually sold. (8) For the State Board of Health. State Board of Health. For the salary of the Secretary of the State Board of Health, the sum of Two Thousand Dollars. For the salary of the Clerk and Stenographer of the State Board of Health, the sum of One Thousand Dollars.

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For traveling expenses and per diem, of the members of the State Board of Health for the laboratory, bacteriological work, yellow fever work, the dissemination of information concerning small pox, typhoid fever, hook worm diseases, tuberculosis, and other infectious diseases, and the examination of water from towns and cities of the State; for the furnishing of vaccine points and other information improving the public health, for the manufacture and transportation of both attenurated views for treating and preventing rabies or hydrophobia, and for the manufacture and distribution of diptheritic antitoxin, both of which shall be supplied where necessary, free of charge to the people of Georgia, the sum of Twenty-seven Thousand Five Hundred Dollars, or so much thereof as may be needed; provided , that not exceeding One Thousand Dollars of said sum shall be expended for all traveling expenses, and to be paid only on itemized accounts to be approved by the Chairman of the Board, and provided further, that said board shall submit through its Chairman to the Governor, itemized accounts of all expenditures. (9) For the Military Department. Military Department. For the Military Fund of the State for necessary expenses in maintaining the militia forces of the State of Georgia, the sum of Twenty-five Thousand Dollars, or so much thereof as may be needed to be expended for the purpose of organizing, arming and equipping, clothing, drilling and training the National Guard of Georgia, for paying said troops when in actual service, for encampments of said troops, for the payment of armory rents and for the administration of military departments of the State, including necessary clerical assistance under the direction of the

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Governor; provided , that $7,500 of said sum is hereby appropriated to pay the expenses of the State Militia at the reunion of the Confederate veterans at Macon in 1912. Sec. 8. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby appropriated, for each of the fiscal years 1912 and 1913, for the following purposes necessary for the support of the State government, to-wit: For the payment of the actual expenses of the directors of the Georgia Experiment Station, to be paid only upon presentation to the Governor of properly certified vouchers the sum of Eight Hundred Dollars, or so much thereof as may be needed. Georgia Eperiment Station. For ordinary repairs of public buildings; to purchase coal, wood, lights, furniture for the Executive Mansion and the various departments of the State Government; to pay the hire of engineers, guards, watchmen, servants at the Mansion, and such porters for the various departments as the Governor may employ; and for general expenses incident to the keeping in proper condition the public buildings and grounds and to hire such other labor as may be necessary, the sum of Twenty-six Thousand Eight Hundred Dollars. Out of this appropriation the sum of Eighteen Hundred Dollars per annum shall be paid to the keeper of public buildings and grounds, as his salary, and also, out of this appropriation the sum of One Thousand Five Hundred Dollars, or so much thereof as may be necessary, shall be expended in the providing additional furniture, filing cases and other equipments for the office of the Secretary of State, for the proper classification, filing and preservation of the maps and public records of said office and for

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postage and incidental expenses not otherwise provided for. The Governor shall require itemized accounts of all payments out of this fund before drawing warrants therefor. Public Buildings, etc. For the general printing fund, the sum of Forty Thousand Dollars, or so much thereof as may be needed. The Governor shall require itemized accounts of all payments out of this fund before drawing warrants therefor. Printing fund. For insurance on public buildings, the sum of $37,500.00, or so much thereof as may be necessary. Insurance. For the reward fund, for the payment of rewards earned, for the arrest of fugitives from justice after executive proclamations offering such reward, the sum of Three Thousand Dollars, or so much thereof as may be needed. Rewards. To continue the work of the Roster Commission, in their compilation of the Confederate Roster Rolls, the sum of Thirty-nine Hundred and Seventy-five Dollars. Confederate Roster Rolls. Sec. 9. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, when said appropriations are to be paid to persons, of for particular objects, the same shall be paid from the funds arising from the sources now provided by law. Sec. 10. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act, for the salaries of the various State House officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased directly or indirectly, by payments of additional funds from the Contingent Fund or any other

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funds, to such officers, their clerks, or any other person by way of extra compensation, or for extra service, or for extra assistance rendered to such officers in any department of said government, and should extra service or assistance become necessary to said officers in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State House offices and for the clerical expenses of the said office; nor shall any money be paid from any fund to any officer or person as a salary or otherwise unless the same is authorized by law, audited by the Comptroller General and the money duly appropriated therefor. Extra compensation. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 23, 1911. APPROPRIATIONS TO SUPPLY DEFICIENCIES. No. 251. An Act to appropriate to the Public Building Fund, the sum of $4500.00, and to the Contingent Fund, the sum of $3280.22, to supply a deficiency in said funds for the year 1911, and for other purposes. Whereas, it appears from a message of the Governor, that both the Public Building Fund, and the Contingent Fund, provided for the year 1911 are, each, insufficient to meet the necessary demands upon such funds for the remainder

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of the year 1911, and that the additional sum of $4500.00 is necessary to meet the demands upon the Public Building Fund, for the remainder of the year 1911, and the additional sum of $3280.22 to meet the demands upon the Contingent Fund, for the remainder of said year, therefore, Deficit in Public Building Fund and the Contingent Fund for 1911. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of $4500.00 be, and the same is hereby appropriated to the Public Building and Grounds Fund, and the sum of $3280.22, be and the same is hereby appropriated, to the Contingent fund, or so much thereof as may be necessary to supply an anticipated deficiency in said funds for the year 1911. Sec. 2. Be it further enacted by the authority aforesaid, That said sums hereby appropriated are additional to the Public Building Fund, and to the Contingent Fund, provided by the Act approved August 16, 1909, in what is known as the General Appropriation Act of said year. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 23, 1911.

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APPROPRIATION FOR THE STATE NORMAL SCHOOL. No. 214. An Act to appropriate to the Trustees of the University of Georgia, for the use of the State Normal School, at Athens, the sum of $4874.75, for repaying amounts expended in furnishing, equipping and putting into use the Carnegie Library located on the campus of said school, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the following appropriation be, and the same is, hereby made to the Trustees of the University of Georgia, for the use of the State Normal School, at Athens, to-wit: The sum of $4874.75, said sum of $4874.75 having been spent by the Trustees of the State Normal School in furnishing and equipping the Carnegie Library, located on the campus of said school, in order to put said library into use for the student body, and the General Assembly, at its last session having failed to provide for these expenditures by an appropriation. State Normal School. Sec. 2. Be it further enacted that the money hereby appropriated shall be paid over to the Treasurer of the University of Georgia, and by him turned over to the Board of Trustees of the State Normal School, to be expended by said Trustees for the purposes aforesaid. Sec. 3. Be it further enacted, That said Board of Trustees shall furnish to the Governor an itemized statement of the expenditures already made in furnishing and

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equipping said library and that the money herein approprinted shall not become available until said itemized statement of expenditures have been approved by the Governor. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 23, 1911. APPROPRIATION FOR THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 249. An Act to appropriate the sum of $5000.00 to the Board of Directors of the Georgia Normal and Industrial College at Milledgeville, Georgia, for the purpose of equipping and furnishing the new Science Hall on the campus of the Georgia Normal and Industrial College of Milledgeville, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the sum of $5000.00, or so much thereof as may be necessary, is hereby appropriated for the purpose of equipping and furnishing the new Science Building on the campus of the Georgia Normal and Industrial College, at Milledgeville, Georgia, with seats, tables and desks suitable for use in chemical, physical, biological, physiological and agricultural laboratories, and to equip the said building with electric wiring and fixtures, gas pipes and with plumbing

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and heating system, and the Trustees are authorized to make requisition on the Governor of the State of Georgia, from time to time for such part of said fund as may be necessary for the purpose of carrying out this Act, and the Governor is authorized and directed to draw his warrant on the State Treasurer for the amount of said requisition and the said Treasurer is directed to pay the same out of the funds available for that purpose. Georgia Normal and Industrial College. Sec. 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1911. APPROPRIATION FOR AGRICULTURAL, INDUSTRIAL AND NORMAL COLLEGE. No. 250. An Act to appropriate the sum of $25,000 for the establishment of the Agricultural, Industrial and Normal College in South Georgia, established as a branch of the State University, by the Act Approved August 18th, 1906, and the further sum of $5,000 for the furnishing of the same and for other purposes. Whereas, the City of Valdosta, has passed an ordinance fixing a tax of one mill on the ad valorem property of the City for a period of ten years, for the establishment and maintenance of this College, and whereas, this will provide a sum of at least Fifty Thousand Dollars at the present property valuation, during the next ten years.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sum of $25,000 be and the same is, hereby appropriated from any funds in the Treasury not otherwise appropriated for the purpose of establishing and erecting suitable buildings for the Agricultural, Industrial and Normal College in South Georgia, established in or near Valdosta, as a branch of the State University by the Act approved August 18th, 1906, and the further sum of $5,000 be, and the same is, hereby likewise appropriated for the purpose of equipping and furnishing said buildings; provided, further , however, that this appropriation shall not be available until the Trustees of said College shall file with the Governor satisfactory proof that the fifty acres of land mentioned in said Act, has been acquired by said Board. Agricultural, Industrial and Normal College in South Georgia. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 23, 1911. APPROPRIATION FOR CONFEDERATE SOLDIERS HOME. No. 227. An Act to make an appropriation of Five Thousand Dollars for the construction of a suitable annex to the Hospital Building of the Confederate Soldiers Home of Georgia to authorize the Governor from time to time to draw

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his warrant on the State Treasury to pay for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the sum of Five Thousand ($5000.00) Dollars, or so much thereof as may be necessary be, and the same is, hereby appropriated to the Board of Trustees of the Confederate Soldiers Home of Georgia, for the construction of a suitable annex to the Hospital Building on the ground adjacent to the main building; said annex to the Hospital to be built of strong and suitable materialframe building, with hard brick veneering for walls, stone foundations, slate roofing, in harmony with the present building, and large enough to accommodate as many as thirty inmates. The building contemplated by this Act shall be divided into small convenient rooms, so that, as far as needed, every individual man shall have a separate room. Confederate Soldiers Home. Sec. 2. Be it further enacted by the authority aforesaid, That the appropriation set forth in the first Section of this Act is made to cover the entire expense of building the said annex ready for use. And no contract shall be entered into which does not require the completion of said Hospital Building for the amount herein appropriated. Sec. 3. Be it further enacted by authority aforesaid, That as soon as the Board of Trustees are apprised of the approval of this Act, they shall proceed to secure suitable plans for a commodious building, one story high, built as aforesaid, and after due advertisement for bidders, place the same under contract with some responsible, reliable builder, securing for the State the lowest and best bid for the same.

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They may, from time to time, make requisition upon the Governor for amounts needed to carry out their contract under this Act, and the Governor is hereby authorized to draw his warrants on the State Treasury for such amounts as may be needed to pay the contract as shown by these requisitions by the Board of Trustees. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 23, 1911. EXPENSES OF COMMITTEE ON CONVICT SYSTEM, PAYMENT OF. No. 215. An Act to appropriate the sum of Two Hundred and Seventy and 13/100 Dollars, or so much thereof as may be necessary, to pay certain persons who appeared as witnesses before the Joint Committee appointed under a resolution approved July 26th, 1908, to investigate the convict system of the State, and for other purposes. Whereas, under a joint resolution of the Senate and House, approved July 26th, 1908, appointing a Committee to investigate the convict system of the State, power was given said Committee to subp[UNK]na persons as witnesses and to force their attendance before the Committee, and under said power witnesses were subpoenaed and brought before said Committee, and, Witness fees on investigation of convict system.

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Whereas, the appropriation made by the General Assembly was insufficient to pay all the witnesses the per diem and expenses to which they were entitled, and several of said witnesses have gone unpaid on account of said appropriation being exhausted, and, Whereas, statements of the witnesses who appeared before said Committee with the amounts to which they were respectively entitled, were duly filed by said Committee, with the Governor and is now of record in the Executive Department. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the sum of $270.13, or so much thereof as may be necessary, be, and the same is hereby, appropriated to pay those persons who appeared as witnesses before said Committee appointed under the resolution approved July 26th, 1908, to investigate the convict system of the State, the sum to which they are respectively entitled to be paid, and who have not heretofore been paid; and the Governor is hereby authorized to issue his warrant upon the Treasury for the respective amounts due and owing to any such witnesses, as shown by the statements of said Committee of record in the Executive Department. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act, and the same are, hereby repealed. Approved August 23, 1911.

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HOG CHOLERA SERUM, MANUFACTURE AND DISTRIBUTION. No. 234. An Act to provide for the manufacture of Hog Cholera Serum at the State College of Agriculture, for its distribution through the State Veterinarian, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; That, for the benefit of instruction to the Agricultural students at the State College of Agriculture at Athens, and for the protection of the swine breeding industry of the State, the State Agricultural College at Athens shall, in connection with its Veterinary Department, establish a plant for the production of the Bureau of Animal Industry, or Dorset-Niles, Hog Cholera Serum; this plant shall at all times be open for the inspection and instruction of swine breeders in the State of Georgia, the intention of this Act being not only to produce the above named preventative serum, but also to instruct the public in its use and to disseminate practical information for the prevention of this disease among the breeders of swine. Veterinary Department of Agricuttural College. Sec. 2. Be it further enacted; That, to prevent the use of the serum in outbreaks other than true hog cholera, which would be an economic loss to the people, the distribution of the serum shall be under the direction of the State Veterinarian, whose duty it shall be to investigate reported outbreaks and then direct the distribution of the serum to such communities where the disease is in progress. He shall

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keep a record of all serum so distributed, and to whom, and with what result, such record to be published annually in pamphlet form. Sec. 3. Be it further enacted, that, in order to carry out the provisions of this Act the sum of Five Thousand ($5000.00) Dollars, or so much thereof as may be necessary, is hereby appropriated out of any funds in the treasury not otherwise appropriated. A sum not exceeding Three Thousand ($3000.00) Dollars to be expended in equipment for the manufacture of said hog cholera serum at the State College of Agriculture at Athens; the remaining Two Thousand ($2000.00) Dollars to be available for the investigation of outbreaks and the distribution of the serum under the direct supervision of the State Veterinarian. [Illegible Text] Sec. 4. Be it further enacted, That the serum produced under the provisions of this Act shall be furnished to all citizens of this State at the actual cost of production, and all moneys received from the sale of such serum shall revert back to the Veterinary Department at the State College of Agriculture, the intention of this Act being to make said hog cholera serum plant self sustaining after this first appropriation of Three Thousand ($3000.00) Dollars. Sec. 5. Be it further enacted, That public welfare demanding, this Act shall be in force, and this appropriation shall be available immediately after its passage and signature by the Governor. Approved August 19, 1911.

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APPROPRIATION FOR STATE BOARD OF ENTOMOLOGY. No. 248. An Act to amend an Act of the General Assembly of Georgia, approved August 14, 1908, amendatory to an Act approved August 15, 1904, and all Acts amendatory thereof. Whereas, wilt disease or black root of cotton, cotton anthracnose and other diseases have become such serious pests to the cotton crop of the State, and, Whereas the Mexican Cotton Boll Weevil is making such rapid strides towards Georgia, and, Whereas, the State Board of Entomology has demonstrated that it is possible to eradicate black root from the cotton fields of Georgia and has developed types of cotton that the planters can grow in spite of Mexican Cotton Boll Weevil, and, State Board of Entomology. Whereas, the work of the State Board of Entomology should be conducted on a much more extensive scale in order to guarantee protection to cotton and other crops of this State. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Act approved August 14, 1908, be, amended by striking all of Section 1, of said Act, and substituting therefor the following: That on and after the passage of this Act the salary of the State Entomologist

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be, and the same hereby is, fixed at the sum of Three Thousand Dollars per annum. Sec. 2. Be it further enacted by the authority aforesaid, That Section 3 of Act approved August 15, 1904, be amended by striking all of same and substituting therefor the following: There is hereby appropriated out of any funds of the State Treasury, not otherwise appropriated, or so much thereof as may be necessary, the sum of Fifteen Thousand Dollars per annum, for two years, Five Thousand Dollars of which to become immediately available on passage of this Act, said sum to be used as follows: In the employment of assistant entomologists whose compensation shall be fixed by the State Board of Entomology; for experimental work for the eradication of black root or wilt disease of cotton; cotton anthracnose; experimental work which the Board is now conducting to develop varieties of cotton that can be grown sufficiently early to avoid the attacks of Mexican cotton boll Weevil, and for other experimental work which the Board is now conducting for the control of seriously injurious insect pests and plant diseases; for payment of travelling expenses, for the equipment and maintenance of laboratory; for the publication of bulletins and other reports and for defraying all other expenses in carrying out the provisions of the Act of December 21, 1900 creating and establishing said Board of Entomology and all other Acts amendatory thereof, The sum of Fifteen Thousand Dollars hereby appropriated is hereby declared to be in addition to the sum appropriated to the Department of Entomology for the years 1912 and 1913, as provided for in the General Appropriation Bill for said years.

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Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 23, 1911.

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TITLE II. PROPOSED AMENDMENTS TO CONSTITUTION. ACTS. Common Schools, Thorough System. Authority to Borrow Money for Deficit in State Treasury. Tax Returns to Comptroller General, When Made. AMENDMENT TO CONSTITUTION, COMMON SCHOOLS. No. 96. An Act to amend Article VIII, Section I, Paragraph I, of the Constitution of this State, by striking therefrom the words, in the elementary branches of an English education only in lines two and three; so that when so amended and the said Article, Section and Paragraph shall read as follows, to-wit: There shall be a thorough system of common schools for the education of the children, as nearly uniform as practicable, the expense of which shall be provided for by taxation, or otherwise. The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Article VIII, Section I, Paragraph I, of the Constitution of this State be, and the same is, hereby amended by striking therefrom the words in the elementary branches of an English education only in lines two and three; so that when so amended the said Article, Section and Paragraph shall read as follows, to-wit: There shall be a thorough system of common schools for the education of the children, as nearly uniform as practicable, the expense of which shall be provided for by taxation, or otherwise. The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races. Amendment to Constitution. Uniform system of common schools. Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds of the members elected to each House it shall be so entered on their journals with the yaes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the time of holding the next general election. Sec. 3. Be it further enacted by authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the Second Section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting this proposed amendment to the

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Constitution shall have written or printed on their ballots the words: For amendment of Constitution allowing a thorough system of common schools for the education of children. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against amendment of Constitution allowing a thorough system of common schools for the education of children. Ratification. Sec. 4. Be it further enacted by the authority aforesaid, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people, as required by the Constitution of this State in Article 13, Section I, Paragraph I, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State to whom the returns shall be referred, in the manner as in cases of elections for the members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Proclamation. Sec. 5. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1911.

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CONSTITUTION, AMENDMENT TO, AUTHORITY TO BORROW MONEY. No. 257. An Act proposing an amendment to the third Section of the seventh Article of the Constitution by striking therefrom the words Casual Deficiencies of Revenue and substituting therefor the words such temporary deficit as may exist in the Treasury in any year from necessary delay in collecting the taxes of that year; and by striking the words Two Hundred Thousand Dollars and substituting in lieu thereof Five Hundred Thousand Dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. Section 1. Be it enacted by the General Assembly, that it shall be and is hereby proposed to amend the Constitution of Georgia in the third Section of the seventh Article so as to strike from paragraph one the words Casual deficiencies of Revenue and substituting in lieu thereof the words, such temporary deficit as may exist in the Treasury in any year from necessary delay in collecting the taxes of that year, and by further striking from said Section the words, Two Hundred Thousand Dollars and substituting in lieu thereof, Five Hundred Thousand Dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made, so that the first paragraph of said Section when amended shall read as follows: No debt shall be contracted by or on behalf of the State, except to supply such temporary deficit as may exist in the Treasury in any year from necessary delay in collecting

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the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, Five Hundred Thousand Dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. Amendment to Constitution. Authority to borrow money for State. Sec. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered upon their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election. Publication. Sec. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors, of this State at the next general election to be held after publication, as provided in the second Section of this Act in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment to Constitution authorizing temporary loans, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against amendment to Constitution authorizing temporary loans. Ratification.

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Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. AMENDMENT TO CONSTITUTION; TAX RETURNS TO COMPTROLLER-GENERAL. No. 264. An Act proposing to amend the Constitution of Georgia by adding to second Section of the seventh Article of said Constitution a new Paragraph for requiring certain tax returns to be made to the Comptroller-General on or before the 1st day of March of each year, and for requiring the taxes arising on such returns to be paid on or before the 1st day of September, and to authorize the General Assembly to pass such laws as may be necessary and proper for carrying out said provisions. Section 1. Be it enacted by the General Assembly, That it shall be and is hereby proposed to amend the Constitution of Georgia, by adding to the second Section of the seventh Article a new Paragraph to be known as Paragraph six, as follows: All persons or classes of persons who were, by laws of force January 1st, 1911, required to make returns for taxation to the Comptroller-General, and all who may hereafter be so required, shall, on or before the first day of March of each year, make such returns as of date of January 1st of that year, and shall pay the taxes arising on such returns in favor of the State on or before

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the first of September of the same year, anything heretofore contained in the Constitution or laws of Georgia to the contrary notwithstanding. The laws of force on said date governing such returns and payments, and the collection and enforcement thereof shall remain of force as applicable to the returns and payments herein required until the same shall be changed by law. The General Assembly shall have power to make or alter all laws that may be necessary or proper for enforcing the provisions of this Paragraph. Amendment to Constitution. Tax returns to Comptroller General, when made and taxes paid. Sec. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered upon their Journals, with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election. Publication. Sec. 3. Be it further enacted, That the proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided in the second Section of this Act in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words For amendment to the Constitution requiring tax returns to the Comptroller-General to be paid on or before September 1st of each year,

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and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against amendment to the Constitution requiring tax returns to the Comptroller-General to be paid on or before September 1st of each year, Ratification. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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TITLE III. CODE AMENDMENTS. ACTS. Code of 1910. Volume 1, Section 486, County Sites, How Changed. Volume 1, Section 696, Public Road Fund, Tax Rate Increased. Volume 1, Section 1249, Alpharetta, State Depository in. Volume 1, Section 1249, Atlanta, Fourth State Depository in. Volume 1, Section 1249, Decatur, State Depository in. Volume 1, Section 1249, Eatonton, State Depository in. Volume 1, Section 1249, Fairburn, State Depository in. Volume 1, Section 1249, Lumpkin, State Depository in. Volume 1, Section 1249, Reynolds, State Depository in. Volume 1, Section 1249, Rockmart, State Depository in. Volume 1, Section 1249, Shellman, State Depository in. Volume 1, Section 1249, Uvalda, State Depository in. Volume 1, Section 3137, Hours of Labor in Manufacturing Establishments. Volume 1, Section 4770, Justices of Peace, Jurisdiction in Certain Cities. Volume 1, Section 4996, Superior Court Baliffs, Compensation of. Volume 2, Section 379, Wife Competent to Testify in Certain Cases. Volume 2, Section 414, Refrigerator Cars, Transportation on Sunday. Volume 2, Section 824, Eligibility of Jurors Who Served at Preceding Term. Volume 2, Section 964, Venue in Criminal Cases, How Changed. Volume 2, Section 1482, Pension Office, Salary of Clerk. COUNTY SITES, HOW CHANGED. No. 300. An Act to amend Section 486 of Volume 1 of the Code, adopted August 15th, 1910, by striking out from the second and third lines of said Section the words polltax payers, (as shown by the Tax Receiver's digest, and inserting in lieu thereof the words electors qualified to vote for members of the General Assembly), as shown by the registration list.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 486 of Volume 1 of the Code, adopted August 15th, 1910, be and the same is hereby amended, by striking out of the second and third lines of said Section, the words poll-tax payers, (as shown by the Tax Receiver's digest, and substituting in lieu thereof the words electors qualified to vote for members of the General Assembly), as shown by the registration list, so that when amended, said Section shall read as follows, viz.: Whenever two-fifths of the electors qualified to vote for members of the General Assembly (as shown by the registration list last made out) of any county of this State shall petition the Ordinary for the removal or change of the county site of said county, said Ordinary shall at once grant an order directing an election to be held at the various election precincts in said county, not less than forty, nor more than sixty days thereafter, notice of which election shall be published weekly for four weeks, in the newspapers in which the Sheriff publishes his legal notices, previous to the day of said election; all persons qualified to vote for members of the General Assembly are qualified to vote at said election; provided , that elections under this Section shall not occur oftener than once in five years. County sites, how changed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. August 21, 1911.

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PUBLIC ROAD FUND, TAX RATE INCREASED. No. 299. An Act to amend Section 696 of the Code of 1910, by striking out of the third line of said Section the words two-tenths and inserting in lieu thereof the words four-tenths, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 696 of the Code of 1910 is amended by striking out of the third line of said Section the words two-tenths where they occur, and inserting in lieu thereof the words four-tenths, so that said Section shall, when amended, read as follows: The Commissioners of Roads and Revenues, or the Ordinary, as the case may be, shall levy a tax additional to any now authorized by law, of not more than four-tenths of one per cent. on all the taxable property of the county, and the funds raised by said taxation, together with the commutation tax heretofore provided for, shall be known as the Public Road Fund of the county and shall be used and expended for the purpose of paying the salaries and wages, and for working, improving and repairing the public roads, as herein set forth. Tax rate for public road fund. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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ALPHARETTA, STATE DEPOSITORY IN. No. 19. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities therein named as State Depositories, and the several Acts amendatory thereof, so as to add the city of Alpharetta, in Milton county, State of Georgia, to the list of such cities and towns, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts of the General Assembly amendatory thereof be, and the same are, hereby amended so as to add the city of Alpharetta, in Milton county, to the list of such cities and towns. Alpharetta, State Depository. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1911.

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ATLANTA, FOURTH STATE DEPOSITORY IN. No. 89. An Act to authorize the Governor to appoint a fourth State Depository in the city of Atlanta, and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by authority of the same, That whenever the Governor, from the excess in the State Depositories heretofore existing in the city of Atlanta, or from the amount of cash on hand in the Treasury, may deem it to the best interests of the State, he is hereby authorized to appoint in said city a solvent chartered bank of good standing and credit as a State Depository, so as to make four State Depositories in said City. The said bank so appointed to be subject to the terms and conditions of Sections 1249 to 1262, both inclusive, of the Code of 1910, and the Acts amendatory thereof. Atlanta, four State Depositories. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. DECATUR, STATE DEPOSITORY IN. No. 277. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor

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of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the town of Decatur, in the county of DeKalb, and State of Georgia, to the list of such cities and towns, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof be, and the same are, hereby amended so as to add the town of Decatur, in the county of DeKalb, and State of Georgia, to the list of such cities and towns. Decatur, State Depository. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. EATONTON, STATE DEPOSITORY IN. No. 59. An Act to amend Section 1249 of the Political Code of 1911, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, so as to add the town of Eatonton, in the county of Putnam, and State of Georgia, to the list of such cities and towns. S539[UNK]* 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That Section 1249 of the Political Code of 1911, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories be, and the same is, hereby amended so as to add the town of Eatonton, in the county of Putnam, and State of Georgia, to the list of such cities and towns. Eatonton, State Depository. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. FAIRBURN, STATE DEPOSITORY IN. No. 107. An Act to amend Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, so as to add the town of Fairburn, in the county of Campbell, and State of Georgia, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories be, and the same is, hereby amended so as to add the town of Fairburn, in the county of Campbell, and State of Georgia, to the list of duly authorized cities and towns. Fairburn. State Depository.

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Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. LUMPKIN, STATE DEPOSITORY IN. No. 150. An Act to amend Section 1249 of the Code of 1910, of Volume 1, of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the city of Lumpkin, in Stewart county, Georgia, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof be, and the same are, hereby amended so as to add the city of Lumpkin, in the county of Stewart, State of Georgia, to the list of such cities and towns. Lumpkin, State Depository. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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REYNOLDS, STATE DEPOSITORY IN. No. 239. An Act to amend Section 1249 of Volume one of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the town of Reynolds, in the County of Taylor, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume one of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof be, and the same are, hereby amended so as to add the town of Reynolds, in the county of Taylor, State of Georgia, to the list of such cities and towns. Reynolds, State Depository. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. ROCKMART, STATE DEPOSITORY IN. No. 282. An Act to amend Section 1249 of the Code of 1910, of Volume 1, of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities

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and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the city of Rockmart, in Polk county, Georgia, to the list of such cities and towns. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof be, and the same are, hereby amended so as to add the city of Rockmart, in the county of Polk, State of Georgia, to the list of such cities and towns. Rockmart, State Depository. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. SHELLMAN, STATE DEPOSITORY IN. No. 82. An Act to amend Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named, as State Depositories, so as to add the town of Shellman, in Randolph county, and State of Georgia, to the list of such cities and towns, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of the Political Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories be, and the same is, hereby amended so as to add the town of Shellman, in the county of Randolph, and State of Georgia, to the list of such cities and towns. Shellman, State Depository. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1911. UVALDA, STATE DEPOSITORY IN. No. 232. An Act to amend Section 1249 of Volume 1 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof, so as to add the town of Uvalda, in the county of Montgomery, to the lists of such cities and towns. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1249 of Volume 1 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, and the several Acts amendatory thereof be,

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and the same are, hereby amended so as to add the town of Uvalda, in the county of Montgomery, State of Georgia, to the list of such cities and towns. Uvalda, State Depository. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. HOURS OF LABOR IN MANUFACTURING ESTABLISHMENTS. No. 279. An Act to amend Section 3137 of the Code of Georgia of 1910, so as to reduce the hours of labor in cotton and woolen manufacturing establishments from sixty-six hours per week to sixty hours per week. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after January 1, 1912, that Section 3137 of the Code of Georgia of 1910 be, and the same is, hereby amended by striking from the sixth line of said Section the word eleven and inserting in lieu thereof the word ten, and by striking in the eighth line of said Section the words sixty-six and inserting in lieu thereof the word sixty, so that said Section, when so amended, shall read as follows: Hours of labor in manufacturing establishments. The hours of labor required of all persons employed in cotton or woolen manufacturing establishments in this State, except engineers, firemen, watchmen, mechanics,

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teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed ten hours per day, or the same may be regulated by employers so that the number of hours shall not in aggregate exceed sixty hours per week. Provided , that nothing herein contained shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time not to exceed ten days caused by accidents or other unavoidable circumstances. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. JUSTICES OF THE PEACE, JURISDICTION OF IN CERTAIN CITIES. No. 210. An Act to amend Section 4770 of the Code by striking the words seventy-five thousand in the third line thereof and substituting in lieu thereof the words fifty-nine thousand, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Code Section 4770 be, and it is hereby, amended by striking out the words seventy-five thousand in the third line thereof, and by substituting in place thereof the words fifty-nine thousand, so that said Section as amended shall read as follows: Justices of the Peace, jurisdiction in certain cities.

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When militia districts are situated in part or in whole in cities in this State having a population of fifty-nine thousand or more by the last preceding Census of the United States, justices of the peace and notaries public ex-officio justices of the peace Courts of all of said districts, shall have jurisdiction, as fixed by the Constitution, in and over all of said districts, and in and over all of said city, and shall hold their Courts monthly at fixed times and places at some convenient place within their respective districts. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 19, 1911. SUPERIOR COURT BAILIFFS, COMPENSATION OF. No. 22. An Act to amend Section 4996 of the Code of Georgia adopted August 10, 1910, by striking out the words seventy-five in the second line of said Section, and inserting in lieu thereof the words one hundred, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 4996 of the Code of Georgia, adopted on August 10, 1910, be, and the same is, hereby amended by striking out the words seventy-five in the second line

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of said Section and inserting in lieu thereof the words one hundred, so that said Section, when amended, shall read as follows: Special Bailiffs in Superior Courts, compensation of. Par. 4996Compensation. Said special bailiffs shall receive as compensation for their service the sum of one hundred dollars per month, each, and the same shall be paid out of the county treasury upon the order of the Commissioners of Roads and Revenues for said county, or in the absence of such Commissioners, upon the order of the Ordinary. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911. WIFE, A COMPETENT WITNESS AGAINST HUSBAND IN CERTAIN CASES. No. 207. An Act to amend Section 379 of Volume two of the Code of Georgia of 1910, so as to make the wife a competent witness to testify against her husband in cases where, before his marriage to her, he was charged with seduction, and married her either before or after indictment, to suspend the prosecution, and for other purposes. Section 1. It is hereby enacted by the General Assembly of the State Georgia, That Section 379 of Volume two of the Code of 1910, be, and the same is, hereby amended

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by striking all of said Section after the word husband, in the sixteenth line thereof, and adding in lieu thereof the following: In all such cases, whether the marriage to suspend said prosecution was before or after indictment of said defendant, so that said Section, when amended, shall read as follows: A prosecution under the preceding Section may be stopped at any time before arraignment and pleading, and not otherwise, by the marriage of the parties, or a bona fide and continuing offer to marry on the part of the seducer; provided , that the seducer shall, at the time of obtaining the marriage license from the Ordinary of the county of female's residence, give a good and sufficient bond in such sum as said Ordinary may deem reasonable and just, taking into consideration the condition of the parties, payable to said Ordinary and his successors in office, and conditioned for the maintenance and support of said female and her child or children, if any, for the period of five years. If the defendant is unable to give the bond, the prosecution shall not be at an end until he shall live with the female in good faith for five years. In case the defendant fails to comply with the provisions of this Section, the wife shall be competent witness to testify against the husband in all such cases, whether the marriage to suspend said prosecution was before or after indictment of said defendant. Provided , that this amendment shall not apply to cases now pending. Wife, when a competent witness against husband. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 25, 1911.

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ICE AND REFRIGERATOR CARS, TRANSPORTATION OF ON SUNDAY. No. 294. An Act to amend Section 414 of the Penal Code, so as to permit the transportatio nof ice and of empty refrigerator cars on Sunday, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Paragraph 2 of Section 414 of the Penal Code be amended by striking out the words eight o'clock in the third line of said Section 414, and inserting in lieu thereof the words nine o'clock, Central standard time. Refrigerator cars, transportation on Sunday. Sec. 2. Be it further enacted, That Paragraph 3 of said Section 414 be amended by adding at the beginning of said Paragraph 3 of said Section, immediately before the word special the words empty refrigerator cars intended for loading with perishable freight, and destined to icing stations or to points of prospective loading; and by adding the words ice or immediately after the word except and before the word perishable in the second line of said Paragraph 3 of said Section; and by adding at the end of the first sentence in said Paragraph 3, after the word operated the words and all such trains may stop at any stations in this State to take on and forward other cars of like perishable freight, which are ready to be transported, so that the said Section 414, as amended, shall read as follows: 414. Running freight trains on Sabbath . If any freight train, excursion train, or other train than the regular trains

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run for the carrying of mails or passengers, shall be run on any railroad on the Sabbath day, the superintendent of transportation of such railroad company, or the officer having charge of the business of that department of the railroad, shall be liable to indictment in each county through which such train shall pass, and shall be punished as for a misdemeanor. The foregoing provision shall not extend to: 1. A train which has one or more cars loaded with live stock, and which is delayed beyond schedule time. Such train shall not be required to lay over on the line of road during Sunday, but may run on to the point where, by due cause of shipment or consignment the next stock pen on the route may be, where such animals may be fed and watered, according to the facilities usually afforded for such transportation. 2. A freight train running over a road on Saturday night, if the time of its arrival at destination, according to the schedule by which it started on the trip, be not later than nine o'clock Central standard time, Sunday morning. 3. Empty refrigerator cars intended for loading with perishable freight and destined to icing stations or to points of prospective loading; special fruit, melon and vegetable trains, the cars of which contain no other freight except ice of perishable fruits melons, vegetables, fresh fish, oysters, fresh meats, live stock, and other perishable goods of a like character, and which trains shall be loaded and leave the station from which they start in this State before the hour of midnight on Saturday night previous to the Sunday on which they are operated; and all such trains may stop

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at any stations in this State to take on and forward other cars of like perishable freight, which are ready to be transported. No company shall be compelled to run the trains mentioned in this Paragraph, and all freight trains or cars thus loaded and coming into this State may run to any point of destination in this State or continue their run through the State on Sunday. 4. Trains on railroads where the line of said railroad begins and ends in another State, and does not run a distance of greater than thirty miles through this State. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 21, 1911. ELIGIBILITY OF JURORS, WHO SERVED AT NEXT PRECEDING TERM. No. 212. An Act to amend Section 824 of the Code of Georgia of 1910, which relates to jurors being ineligible at the next succeeding term of Court to the one in which they have previously served, by adding to said Section a proviso excepting from the operation of said Section any Court in any county wherein there are not exceeding 100 names in the grand jury box and not exceeding 350 names in the petit jury box, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 824 of the Code of Georgia, adopted August 15, 1910, be amended by adding at the end of said Section the following: Jurors, who served at next preceding term. Provided, further , that nothing herein contained shall apply to any Court in any county of this State wherein there are not exceeding 100 names in the grand jury box, and not exceeding 350 names in the petit jury box, so that said Section, as amended, shall read as follows: `Any juror who has served as a grand or traverse juror at any session of the Superior Courts, County Courts, or City Courts in this State shall be ineligible for duty as a juror at the next succeeding term of said Superior Court, County Court or City Court in which he has previously served; provided , that nothing herein contained shall prevent any traverse juror from serving as a grand juror at the next term of the Superior Court of his county. Provided, further , that nothing herein contained shall apply to any Court in any county of this State wherein the grand jury box contains not exceeding 100 names and the petit jury box contains not exceeding 350 names. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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VENUE IN CRIMINAL CASES, HOW CHANGED. No. 287. An Act to amend Section 964 of the Penal Code of 1910, prescribing the mode of changing the venue in criminal cases, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 964 of Volume 2 of the Code of 1910, be, and the same is, hereby amended by adding to said Section the following words, to-wit: It shall be lawful for the Judge of the Superior Court of the Circuit in which a crime is alleged to have been committed to change the venue for the trial of said case, on his own motion, with or without petition, whenever, in his judgment, the accused party will be lynched, or there is danger of violence being attempted to be committed on said accused, if carried back, or allowed to remain, in the county where the crime is alleged to have been committed. And if a motion by petition shall be made by the accused for a change of venue, said Judge shall hear the same at chambers, with or without the presence of the accused, at such time and place in the State as he may direct. And if the evidence submitted shall reasonably show that there is probability or danger of lynching, or other violence, then it shall be mandatory on said Judge to change the venue to such county in the State, as in his judgment, will avoid such lynching. Venue in criminal cases, how changed. The petitioner shall have the right to except to the ruling of the Court at such interlocutory hearing, and the bill of exceptions when signed shall operate as a supersedeas in

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the trial of said case, until passed on by the Supreme Court; provided , that said prisoner shall present said bill of exceptions to the Judge hearing said motion within six days after the refusal to grant said motion. And said bill of exceptions shall be filed in the office of the Superior Court of the county of the alleged crime, within two days after being signed by the Judge; and said Clerk shall transmit said bill of exceptions and the required record of said case, as early as possible and not exceeding ten days from the filing in said office, to the Supreme Court. And said case in the Supereme Court shall he heard as soon as possible, taking precedence of all other causes; provided , that should the Supreme Court not be in session at the time said writ of error is received in said Court, it shall be the duty of the Clerk of said Supreme Court to at once notify the Chief Justice of said Court, or in his absence or illness, one of the other Justices of said Court, of the receipt of said writ of error; and it shall be the duty of said Justice to at once convene said Supreme Court for the purpose of hearing said case, and said Supreme Court shall remand said case with directions or pass such final order as may be deemed proper and correct. So that said Section, when so amended, shall read as follows: Section 964 (939). Venue, when and how changed . The defendant in any criminal case in the Superior Court may move, by petition in writing, for a change of venue, whenever, in his judgment, an impartial jury cannot be obtained in the county where the crime was committed. Upon the motion it shall not be necessary to examine all persons in the county where the crime was committed, liable to serve on juries, but the Judge shall hear evidence by affidavit or oral testimony in support of or against the

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motion; and if, from the evidence submitted, the Court shall be satisfied that an impartial jury can not be obtained to try the case, the Judge shall transfer it to any county that may be agreed upon by the Solicitor-General and the defendant or his counsel, to be tried in the county agreed upon. If a county is not thus agreed upon, the Judge shall select such county as, in his judgment, will afford a fair and impartial jury to try the case, and have it transferred accordingly. It shall be lawful for the Judge of the Superior Court of the Circuit in which a crime is alleged to have been committed to change the venue for the trial of said case, on his own motion, with or without petition, whenever, in his judgment, the accused party will be lynched, or there is danger of violence being attempted to be committed on said accused, if carried back, or allowed to remain in the county where the crime is alleged to have been committed. And if a motion by petition shall be made by the accused for a change of venue, said Judge shall hear the same at chambers, with or without the presence of the accused, at such time and place in the State as he may direct. And if the evidence submitted shall reasonably show that there is probability or danger of lynching, or other violence, then it shall be mandatory on said Judge to change the venue to such county in the State, as in his judgment, will avoid such lynching. The petitioner shall have the right to except to the ruling of the Court at such interlocutory hearing and the bill of exceptions when signed shall operate as a supersedeas in the trial of said case, until passed on by the Supreme Court; provided , that said prisoner shall present said bill of exceptions to the Judge hearing said motion within six days after the refusal to grant said motion. And said bill of exceptions shall be filed in the office of the Superior Court of the county of the alleged crime, within two days after being signed by the

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Judge; and said Clerk shall transmit said bill of exceptions and the required record of said case as early as possible and not exceeding ten days from the filing in said office, to the Supreme Court. And said case in the Supreme Court shall be heard as soon as possible, taking precedence of all other causes. Provided , that should the Supreme Court not be in session at the time said writ of error is received in said Court it shall be the duty of the Clerk of said Supreme Court to at once notify the Chief Justice of said Court, or in his absence or illness, one of the other Justices of said Court, of the receipt of said writ of error; and it shall be the duty of said Justice to at once convene said Supreme Court for the purpose of hearing said case, and said Supreme Court shall remand said case with directions or pass such final order as may be deemed proper and correct. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 21, 1911. PENSION OFFICE, SALARY OF CLERK. No. 151. An Act to amend Section 1482 of the second Volume of the Code of Georgia of 1910, which provides salary for the Clerk and Stenographer of the Pension office, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act, that Section 1482 of the second Volume of the new Code of Georgia, adopted 1910, be amended by striking from the second and third lines of said Section the word seventy-five and adding in lieu thereof the word one hundred, so that said Section, when amended, as provided by this Act, will read as follows: The salary of the Clerk and Stenographer in the office of the Commissioner of Pensions shall be one hundred dollars each per month. Pension office, salary of clerk. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911.

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TITLE IV. SUPERIOR COURTS. ACTS. Brunswick Waycross Circuits, Terms of Courts in. Dublin Judicial Circuit Created. Cobb Superior Court, Terms of. Crawford Superior Court, Terms of. Crisp Superior Court, Terms of. Effingham Superior Court, Terms of. Franklin County Transferred to Northern Circuit. Johnson Superior Court, Terms of. Montgomery Superior Court, Terms of. Stephens Superior Court, Terms of. Worth Superior Court, Terms of. BRUNSWICK AND WAYCROSS CIRCUITS, TERMS OF COURTS IN. No. 160. An Act to amend the Act dividing the Brunswick Circuit and creating the new Waycross Judicial Circuit, and providing Calendars for said Circuits, approved August 14th, 1909, by revising and changing the Calendar for said Circuits, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after January 1st, 1912, the Superior Courts of the several counties comprising the said Brunswick and Waycross Judicial Circuits shall be held as follows: Superior Courts, terms of, in Brunswick and Waycross Circuits.

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Waycross Circuit. Coffee: 1st and 2nd Mondays in February and September. Charlton: 1st Mondays in March and October. Clinch: 4th Mondays in March and October. Pierce: 2nd Mondays in April and November. Ware: 1st and 2nd Mondays in May and December. Brunswick Circuit. Jeff Davis: 3rd and 4th Mondays in February and September. Appling: 2nd and 3rd Mondays in March and October. Camden: 1st Mondays in April and November. Wayne: 3rd and 4th Mondays in April and November. Glynn: Commencing on 3rd Mondays in May and December and continuing as long as the public business may require. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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DUBLIN JUDICIAL CIRCUIT CREATED. No. 149. An Act to create a new Judicial Circuit, to provide a Judge and Solicitor-General for said Circuit, and for other purposes. Section 1. Be it, and it is hereby enacted by the General Assembly of the State of Georgia, That from and after the first day of January, 1912, a new Judicial Circuit be, and the same is hereby created, to be known as the Dublin Circuit, and to be composed of the Superior Courts of the counties of Laurens, Johnson, Wilkinson and Twiggs. Dublin Judicial Circuit. Sec. 2. Be it further enacted by the authority aforesaid, That the offices of Judge and Solicitor-General of the Superior Courts of the Dublin Circuit be, and the same are hereby created; such officers to have the same jurisdiction, powers and salaries as the Judges and Solicitors-General of each of the other Circuits of this State. Judge and Solicitor. Sec. 3. Be it further enacted by the same authority, That the several Solicitors-General of this State, now holding offices in the counties by this Act removed from their Judicial Circuits, shall continue to discharge the duties of their respective offices in said counties for and during the term of their present service, and shall be entitled to all the fees and emoluments appertaining thereto as now provided by law. Solicitor. Sec. 4. Be it further enacted by the same authority, That for the Dublin Judicial Circuit, provided for by this Act, the Governor of this State shall appoint a Judge to

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exercise the functions of his office from the passage of this Act until his successor is elected and qualified as now provided by law for the election of Judges in the several Judicial Circuits of the State at the next general election for members of the General Assembly, and such Judge shall receive the same compensation as is now provided by law for other Judges of the Superior Courts, and such salary shall be paid in the same manner as is now provided by law. Judge, appointment of. Sec. 5. Be it further enacted, That all the litigation now pending in the counties of the new created Circuit, together with the books and records of the Superior Courts in each of said counties, are hereby transferred to the Dublin Circuit. Sec. 6. Be it further enacted by the same authority, That the Courts of the counties of the Dublin Circuit shall be held quarterly, as follows: Terms of Court. Laurens4th Mondays in January, two weeks; 4th Mondays in April, two weeks; 4th Mondays in July, two weeks; 4th Mondays in October, two weeks. Johnson1st Mondays in March, June, September and December. Twiggs2nd Mondays in April, July, October and January. Wilkinson1st Mondays in April, July, October and January. Provided, however , that the grand juries of the counties

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of this Circuit shall not be convened except for the Spring and Fall terms of the Court, unless in the discretion of the presiding Judge it shall be deemed expedient to call a special session of the grand jury at some other term. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. COBB COUNTY, SUPERIOR COURT OF, TERMS OF. No. 54. An Act to provide for the holding of three terms of Cobb Superior Court every year, beginning with the year 1912, to fix the time of holding the same, to provide grand juries therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That beginning with the year 1912, the Superior Court of Cobb county shall have three terms in each year, the first term to begin on the second Monday in March, the second term to begin on the third Monday in July, and the third term to begin on the third Monday in November, of each year. Superior Court of Cobb county, terms of. Sec. 2. Be it further enacted, That only one grand jury shall be drawn for each term of said Court.

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Sec. 3. Be it further enacted, That in all cases brought in the Superior Court of Cobb county, the original petition shall be deposited in the Clerk's office at least twenty days before the term to which it is to be returnable, and if delivered within the twenty days, the Clerk shall make same returnable to the next term thereafter, and all cases shall be triable at the next term, after such return term, except those cases which, under existing laws, are triable at the appearance term of said Court. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 9, 1911. CRAWFORD COUNTY, SUPERIOR COURT OF, TERMS OF. No. 111. An Act to fix the time for holding the Superior Court of the county of Crawford, to prescribe the length of the term thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the time for holding the Superior Court for the county of Crawford shall be as follows: The Spring term shall begin on the third Monday in March, and the Fall term shall begin on the third Monday in October. Superior Court of Crawford county, terms, of.

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Sec. 2. Be it further enacted, That all petitions, bills, bonds, writs, claims, summonses, mesne and final process, and suits of any description issued from, returnable to, and pending in said Court, shall hold good and relate to the term of the Court as changed, fixed and provided by the Act, and that all persons who may be summoned to attend said Court at the time now fixed by law, shall be required to attend the terms as changed, fixed and provided by this Act. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved August 17, 1911. CRISP COUNTY, SUPERIOR COURT OF, TERMS OF. No. 85. An Act to provide for holding four terms a year of the Superior Court of Crisp county, and to prescribe the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that there shall be held in each year four terms of the Superior Court in and for the county of Crisp, said State, in the Cordele Judicial Circuit. Superior Court of Crisp county, terms of. Sec. 2. Be it further enacted, That the term of said Court shall be held on the third Monday in February, on

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the third Monday in May, on third Monday in August, and on the third Monday in November in each year. Sec. 3. Be it further enacted, That the Judge of said Court shall only draw a grand jury for the May and November terms of said Court; provided , that the presiding Judge, in his discretion, may require the attendance of the grand jury at the February and August terms, or either of them, if the business of the Court should require it; but the duties of such grand jury shall not require them to perform any other service than that with which they shall be, by the presiding Judge, especially charged. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. EFFINGHAM COUNTY, SUPERIOR COURT OF, TERMS OF. No. 108. An Act to change the time of holding the Superior Court of Effingham county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the time of holding Effingham Superior Court shall be changed from

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the second Mondays in April and October, to the third Mondays in April and October of each year. Effingham Superior Court, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summons, subp[UNK]nas, bail bonds, and all processes and proceedings of any kind returnable to said Court after the first day of January, 1912, shall be held and considered as returnable to the term of Court as herein fixed, and all jurors and witnesses sworn or summoned to attend any term of said Court as now fixed by law, shall be required to attend the corresponding terms of said Court as fixed and provided by this Act. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. FRANKLIN COUNTY TRANSFERRED TO THE NORTHERN CIRCUIT. No. 131. An Act to re-arrange the Northern and Western Judicial Circuits of the State of Georgia, by taking from the Western Circuit the county of Franklin, and adding said county to the Northern Circuit, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the county of Franklin shall become a part of the Northern Judicial Circuit, and shall cease to be a part of the Western Circuit. Provided , this Act shall not affect the rights of the Solicitor-General of the Western Circuit for and during the present term of office, and he is hereby authorized to discharge the duties of said office during said term, in said county of Franklin. Franklin Superior Court, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That the times of holding the Superior Court of said county of Franklin shall be and remain the same as that now provided by law. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. JOHNSON COUNTY, SUPERIOR COURT OF, TERMS OF. No. 142. An Act to change the time of holding Superior Court in Johnson county, Georgia; to increase the number of terms of said Court in said county, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1912, the number of terms of Johnson Superior Court is hereby increased from two to three terms, and the time of holding Superior Court in said county changed, so that thereafter said terms shall commence and be held on the fourth Monday in March, fourth Monday in July, and the fourth Monday in November of each year. Johnson Superior Court, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That all cases and business that may be pending in the Superior Court of said county on the first day of January, 1912, shall stand for trial and be tried in their order as now provided by law for trial of cases in the Superior Courts of this State. Except as otherwise provided by law, all cases shall be triable at the second term, as said terms exist under this Act. Sec. 3. Be it further enacted by the authority aforesaid, That grand juries shall be drawn and shall serve in said Court at the March and November terms only, but the right of the Judge to summon a grand jury specially shall not be changed hereby. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be, and the same are, hereby repealed. Approved August 18, 1911.

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MONTGOMERY COUNTY, SUPERIOR COURT OF, TERMS OF. No. 103. An Act to provide for holding four terms a year of the Superior Court of Montgomery county, and to prescribe the time of holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court in and for the county of Montgomery, in the Oconee Judicial Circuit. Montgomery Superior Court, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That the terms of said Superior Court of Montgomery county shall be held on the first Monday in February, the first Monday in May, the first Monday in August and the first Monday in November in each and every year. Sec. 3. Be it further enacted by the authority aforesaid, That all cases brought in the Superior Court of Montgomery county shall be made returnable to the term of said Superior Court beginning after twenty days have elapsed from the filing of the suit, and all cases shall be triable in accordance with the law now of force, or to hereafter become of force, in this State. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 17, 1911.

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STEPHENS COUNTY, SUPERIOR COURT OF, TERMS OF. No. 94. An Act to change the time of holding the Superior Court of Stephens county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the fall term of the Superior Court of Stephens county shall be held on the first Monday in September, and the spring term of said Court shall be held on the second Monday in February. Each term shall continue for two weeks if necessary. Stephens Superior Court, terms of. Sec. 2. Be it further enacted, That all writs, processes, summons, subpoenas, bail bonds, and all other processes, orders and proceedings of all kinds returnable to the regular fall and spring terms, respectively, of said Court, as heretofore fixed by law, shall be held and considered returnable to the regular fall and spring terms, respectively, as prescribed by this Act. Sec. 3. All laws in conflict with this Act are hereby repealed. Approved August 17, 1911.

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WORTH COUNTY, SUPERIOR COURT OF, TERMS OF. No. 69. An Act to provide for holding four terms a year of the Superior Court of Worth county; to provide the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be held in each year four terms of the Superior Court for the county of Worth in the Albany circuit. Worth Superior Court, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That the terms of said Court shall begin on the fourth Monday in January; fourth Monday in April; the fourth Monday in July; and the fourth Monday in October in each year. Sec. 3. Be it further enacted, That the Judge shall only draw a grand jury for the April and October terms of said Court; provided , that the presiding Judge in his discretion may require the attendance of the grand jury at the January and July terms, or either of them if the business of the Court should require it; but the duties of the said grand jury shall not require them to perform any other service at said January and July terms than they shall be, by the presiding Judge, especially charged with; and provided, further , that there shall be no traverse juries drawn for service for the January and July terms of said Court, nor any case tried at said January and July terms

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of said Courts in which there is an issue of fact unless, in the discretion of the presiding Judge of said Court the business of the Court should require it; or, there are other exigencies in the opinion of said Judge that warrant it. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1911.

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TITLE V. MISCELLANEOUS. ACTS. Public School Laws Revised. Drainage, Courts With Jurisdiction of Subject Matter Created. Department of Commerce and Labor Established. Department of Game and Fish Established. Congressional Districts Reapportioned. House of Representatives, Reapportionment of Members. Practice in Courts of Review. Lobbying Prohibited. Medical College of Georgia, a Branch of the University. Tuition of Non-residents in School of Technology. Agricultural Schools and Mechanical Arts Districts. North Georgia Agricultural College, Secretary and Treasurer. Contracts of Minors for Education Valid. School Building in Certain Counties, Authority to Tax for Repealed. County School Commissioners, Examination of Applicants. Special Elections, Qualification of Voters. Appointees to Unexpired Terms in Certain Offices Hold Over. Drug Inspector (Chief), Appointment, etc. Commercial Fertilizers, Sale of Regulated. Insurance Companies (Casualty), Regulation of. Name of Assaulted Female, Publication of Prohibited. Evidence in Cases of Violation of Prohibition Law. Bagging and Ties, Deduction of Weight from Weight of Cotton Prohibited. County Lines, Change of Between Certain Counties. Sawdust, Floating into Streams Prohibited. Salaries of Certain Officers Fixed. Jail Employees, Compensation of in Certain Counties. State Bank Examiner, Stenographer's Salary. Compensation of Officers of Court in Certain Counties. Stenographers of Judicial Circuits, Salaries of. Cemeteries, etc., (Rural), Establishment of. PUBLIC SCHOOL LAWS REVISED. No. 307. An Act to revise the school laws of the State of Georgia; to substitute the State Superintendent of Schools for

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the State School Commissioner; County Superintendents of Schools for County School Commissioners; to provide for the appointment of a State Board of Education, a County Board of Education, three supervisors of Schools and Institutes, and an Auditor; to prescribe their duties, powers and qualifications, and fix their salaries; to provide for a Secretary and Executive Agent of the State Board of Education; to fix his salary, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be a State Board of Education composed of six members, as follows: The Governor, the State Superintendent of Schools, and four other persons, who shall be appointed by the Governor of the State, two for two years and two for four years, their terms of office thereafter to be for four years each, or until their successors are appointed and qualified. At least three of said appointees shall be men of practical experience in teaching schools, and of high standing in educational work, having at least three years practical experience as a teacher in the schools of Georgia, and being thoroughly conversant with the operation of rural schools. Should a vacancy occur at any time in said Board it shall be filled by the Governor, provided , that the nominations of the Governor for membership on the State Board of Education shall be subject to confirmation by the Senate, and provided, further , that an appointment made when the Senate is not in session shall be effective until the Legislature convenes and acts on the appointment. No person who is now or has been connected with or employed by a school book publishing concern shall be eligible to membership

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on said State Board of Education, and if any person shall become so connected or employed after becoming a member of said Board, his place on said Board shall become vacant. State Board of Education. Sec. 2. The said Board of Education shall take oaths of office and enter upon the discharge of their duties immediately after their appointment. They shall meet in the office of the State Superintendent of schools. The Governor shall preside over their body as Chairman of the Board when it is practicable for him to be present; but when he cannot be present, they shall select their chairman and proceed with their business whenever a majority of the Board is present. The Board shall meet at least quarterly in regular session and at any other time when an emergency arises, and they shall be called together by the Governor of the State or State School Superintendent. The four appointees shall receive as compensation for their services $250.00 per annum each, which shall be paid out of the State Treasury on the warrant of the Governor, and be allowed their actual traveling expenses; the total expenses for the four appointees shall not exceed $100.00, in going and returning to their homes, upon submitting a sworn itemized statement accompanied by proper vouchers and not otherwise. Oath of members and meetings of Board. Sec. 3. The State Board of Education shall provide rules and regulations for supervision of all schools in the State. They shall provide the course of study for all common and high schools of the State receiving State aid. They shall select and make out a list of text books to be taught in said schools, which can be changed only every five years, unless the peculiar conditions of any county or

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community demand certain changes, in which case, the County Board, together with the County Superintendent, shall make application to the State Board suggesting such changes and give their reasons therefor, whereupon if the said Board sees proper, their request shall be granted. Provided , this clause shall in no way affect the present State adoption of books. This Board of Education shall be the final court of appeal to hear and decide all matters which have been appealed from the State Superintendent of Schools. They shall determine the necessary office force of the State Superintendent of Schools and shall fix the compensation of the same, not, however, to exceed $1,800 per annum more than at present paid. Powers and duties of Board. Sec. 4. Each county in the State shall constitute a school district and the public school funds shall be apportioned among the several districts by the State Board of Education as now provided by law. They shall also provide for Normal instruction of teachers in each of the districts, either by institutes or otherwise. They shall have power power to compel the attendance of teachers upon such Normals and Institutes, to provide penalties for nonattendance, to provide for the examination of the teachers of said State, and to grant licenses to those that are qualified who desire a State or Special license. School districts, distribution of school fund and Normal instruction. Sec. 5. Be it further enacted, That in the place of the State School Commissioner, the office of State Superintendent of Schools is substituted, provided , that the person now holding the office of State School Commissioner shall serve as State Superintendent of Schools during the remainder of the term for which he was elected, and exercise all of the duties now exercised by such official, in addition to the

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powers herein granted. The term of office shall be for two years and until his successor is elected and qualified. He shall be elected as the present State School Commissioner is elected and exercise the same powers, except as hereinafter may be changed or altered. State Superintendent. Sec. 6. Be it further enacted, That upon entering upon the discharge of his official duties, the State Superintendent of Schools shall give bond in the penal sum of ten thousand ($10,000) dollars to the State of Georgia, with some approved Surety Company, which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purposes for which it is intended, and that he will faithfully perform the duties enjoined upon him by law. He shall take and subscribe an oath to diligently and faithfully discharge the duties of his office. The bond with certified endorsement thereon shall be filed with the Secretary of State. The premium charged for bond shall be paid out of the Treasury of the State. Bond and oath of Superintendent. Sec. 7. In addition to the powers hereinbefore given, the said State Superintendent of Schools shall be the Secretary and Executive Agent of the State Board of Education, for which services he shall receive one thousand ($1,000) dollars. Secretary and Agent of Board. Sec. 8. Be it further enacted, That to render a person eligible to hold the office of State Superintendent of Schools he shall be a man of good moral character, of high educational standing, have had at least three years practical experience as a teacher, or in lieu thereof shall have a diploma

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from a reputable college or normal school or shall have had five years' experience in the actual supervision of schools and be at least thirty years of age. Qualifications of Superintendent. Sec. 9. The State Superintendent of Schools shall carry out and enforce all the rules and regulations of the State Board of Education and the laws governing the schools of the State receiving State aid; he shall from time to time make such recommendations to the State Board as may affect the welfare and efficiency of the public schools throughout the State; he shall have authority to suspend a County Superintendent of Schools for incompetency, wilful neglect of duty, misconduct, immorality or the commission of crime involving moral turpitude, provided , of course, that all of his acts in this matter shall be subject to the approval of the State Board of Education and the party so suspended may appeal his case to the State Board, whose decision shall be final. The State Superintendent of Schools shall have power, with the consent and approval of the State Board of Education, to appoint three State School Supervisors, whose professional qualifications shall be same as State Superintendent's, who shall act under the direction of the State Superintendent of Schools, and fill the place of the experts provided for in the Acts of 1891, which were amended in 1892 and 1893. The salaries paid these Supervisors shall be fixed by the State Board of Education and shall not exceed two thousand dollars each per annum, together with necessary traveling expenses; provided , the same shall not exceed $2,000.00 dollars. The Supervisors shall keep itemized statements of their expenses, which shall be sworn to monthly and approved by the State Superintendent of Schools and be paid out of the State Treasury. It shall be especially the duty of these

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Supervisors to act as instructors of Institutes, to give State Normal instruction and training as the State Superintendent may direct in each county, to grade the papers of applicants for professional certificates or State licenses, and to aid generally in supervising, systematizing and improving the schools of the State under the direction of the State Superintendent of Schools. Powers and duties of Superintendent. State School Supervisors. Sec. 10. The State Superintendent of Schools with the advice and approval of the State Board of Education shall appoint one person who shall be a competent and experienced bookkeeper and accountant at a salary of two thousand dollars per annum, together with his actual traveling expenses, whose duty it shall be to thoroughly audit and check the books and accounts of County Superintendents and the Treasurers of local school systems, of municipal systems, of the State University and all its branches, including the District Agricultural Schools, the State College of Agriculture, Technological Schools and all other schools receiving State aid, and make regular annual reports to the State School Superintendent showing the amount received, for what purposes received, and for what purposes expended. All such funds held by officials must be kept in banks, separate from their individual bank accounts. He shall be allowed his traveling expenses from itemized statements sworn to, as the Supervisors are allowed theirs in the foregoing Section; provided , the total expenses shall not be more than $1,000 per annum. Auditor for all public schools and educational institutions receiving State aid. Sec. 11. It shall be the duty of the State Superintendent of Schools, in addition to the powers already granted, that in the event of a misapplication of any of the funds apportioned to any of the institutions of learning or schools

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receiving State aid he shall at once proceed to recover the same by the institution of proper procedure in the courts of competent jurisdiction after demand is made upon the party misapplying the funds to settle same. Should it become necessary to procure additional legal services other than that of the Attorney-General the Governor is authorized to procure special or local counsel and arrange to pay for the recovery of said funds, such fee out of the funds collected as is usual and customary in the locality where the suit is instituted. Misapplication of school funds. Sec. 12. Be it further enacted, That the office of County Superintendent of Education shall be substituted for the office of County School Commissioner; provided , that the persons now holding the office of County School Commissioner shall continue to serve as County Superintendents of Schools during the remainder of the term for which they were elected respectively. In the regular election for State House officers prior to the expiration of the present term of office of the County School Commissioners, there shall be elected by the qualified voters of each county in this State a County Superintendent of Schools, whose term of office shall be for four years; and every four years there after there shall be an election for the purpose of filling such office. The duties of the County Superintendent of Schools shall be the same as those of the County School Commissioner, except as hereinafter changed. It shall be his duty to enforce all regulations, rules, and instructions of the State Superintendent of Schools and of the County Board of Education, according to the laws of the State and the rules and regulations made by the said State Board of Education that are not in conflict with the State laws; and he shall, together with the State Supervisors hereinbefore

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provided for, superintend the county Normals and Institutes for the teachers of his county, and shall visit every school, both white and colored, within his school district which receives State aid, at least once every sixty (60) days and familiarize himself with the studies taught in said schools, see what advancement is being made by the pupils, advise with the teachers and otherwise aid and assist in the advancement of education. County Superintendent of Education; election, powers and duties. Sec. 13. He shall superintend examinations of all teachers of his county as provided by law. He shall hereafter suspend any teacher under his supervision for a non-performance of duty, incompetency, immorality or inefficiency, and for other good and sufficient cause, from which decision the teacher may appeal to the County Board of Education, and either being dissatisfied with their decision, they can appeal to the State Superintendent or from there to the State Board of Education, the decision of which shall be final. Teachers, examinations and suspension. Sec. 14. Before any person shall be qualified or eligible to the office of County Superintendent of Schools, he shall have had at least three years practical experience in teaching, one year of which shall have been in the schools of Georgia, hold a first grade license, or in lieu thereof shall have a diploma from a reputable College or Normal School, or shall have had five years experience in actual supervision of schools or stand an approved examination before the State Board as to his qualifications and be a resident of the county in which he offers for election, be a person of good moral character, never convicted of any crime involving moral turpitude. The County Superintendent shall

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perform all the clerical duties which are now required of the County School Commissioner. Qualifications of County Superintendent. Sec. 15. Be it further enacted, That each County School Superintendent within the State of Georgia shall receive a minimum salary of $450.00 per annum, and an annual allowance of $150.00 for the purpose of defraying the expenses of visiting the schools within his county at least every sixty (60) days, or a total of $600.00, which salary shall be paid out of the school funds of Georgia monthly; and in addition thereto, the County Board of Education shall allow such additional compensation for the services to be rendered as may be in their judgment proper and just. County Superintendent, compensation, etc. Sec. 16. Be it further enacted, That the County Board of Education shall consist of five (5) members as now provided by law and selected by the grand jury as now provided by law, except that the grand jury in selecting such members shall not select one of their own number then in session, nor shall they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the County Board of Education, but shall apportion members of the Board as far as practicable over the County; they shall select men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English education and be favorable to the common school system. County Board of Education. Sec. 17. Be it further enacted, That the County Board of Education shall have and exercise all the powers that are now exercised by the County Board of Education, except

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as may be herein changed; provided , that the County School Superintendent and County Board of Education shall make rules to govern the County Schools of their respective counties. Upon being called together by some one of their number, after their election, they shall organize by selecting a Chairman. The County Superintendent shall act as Secretary of the Board, and keep the minutes of their meetings and make a permanent record of the same and do any other clerical work that they may direct him to do. Said Board may suspend the County Superintendent same as State Superintendent, and may suspend teachers same as County Superintendents. In each case they may appeal to State Board. County Board of Education, Organizations, powers and duties. Sec. 18. Be it further enacted, that after the passage of this Act, the Board of Education of any county shall have the right, if in their opinion, the welfare of the schools of the County and the best interest of the pupils requires, to consolidate two or more schools located in the same or different districts, into one school, to be located by said Board at a place convenient to the pupils attending the same; said school house to be located as near the center of the district or districts involved as practicable. Whenever two or more schools are consolidated as hereinafter provided, the County Superintendent shall call an election of Trustees for said consolidated school from the district or districts concerned, said election shall be held in accordance with the provisions of existing law, and the result determined and declared by the Board of Education. Consolidation of schools. The County Board of Education shall have the further power, when the best interests of schools demand to separate or divide any school district into two or more school districts

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and to provide for the election of a Board of Trustees for each of said districts and to do all other things for the government and control of said districts as is herein provided for the organization and control of school districts; provided , that such County Board of Education shall have authority to establish two schools in any school district in this State if they deem it best to do so. School districts, division of. Sec. 19. Be it further enacted, That whenever, in the opinion of the County Board of Education, the best interests of the schools demand, the Board of Education shall have the right to consolidate two or more districts or parts of districts or to add any part of one district to any other district or to change the line or lines of any district at any time, when in their judgment the best interests of the schools require such change, into one school district with the purpose of the election of the Board of Trustees and of the location of the school at some central place as hereinbefore provided; but should as many as 10 of the patrons of the said school or schools object to the consolidation, it shall be the duty of the County Superintendent to call an election to be held in said district or districts affected, giving thirty (30) days notice of same by publishing the same once a week for 4 weeks in the paper in which advertisements are published, and also by posting notices at three or more public places in the district, or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation, the schools shall be consolidated; otherwise not. The result of such election shall be determined and declared by the Board of Education and the same shall be held as other elections are held. Rearrangement of districts. Sec. 20. Be it further enacted, That whenever the County Board of Education deems it for the best interest

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of a school, they shall have the right to provide means for the transportation of the pupils to and from said school, provided that no school is established in three miles of the pupils to be transported; provided , that this shall only apply to school or schools where two or more districts have been combined or consolidated and such other schools as are now furnishing transportation. No school Trustee, Teacher, or Superintendent of County Schools shall be interested financially in transportation of pupils. Transportation of pupils. Sec. 21. Be it further enacted, That it is not the intention of this Act to repeal or interfere with the laws, which have been enacted establishing local tax district schools, municipal schools, or other schools, already established by law, except that no person shall be allowed to teach in any school in the State of Georgia receiving State aid without first standing an examination and procuring a license as provided by the State Board of Education, and State Superintendent; provided , they are hereby authorized and directed to prescribe and require a different examination of teachers who are engaged in teaching primary grades only, from that required of teachers of higher grades; provided nevertheless , that the State Board of Education may, when the authorities in charge of any local municipal schools are maintaining a sufficiently high standard of examinations for its teachers, delegate to the authorities of these systems the right to license teachers to teach in their respective systems, upon examinations to be provided by such local authorities, reserving, however, to the State Board of Education the right to revoke this delegation of authority as to any local system whenever it appears that the authorities of that system have relaxed the standard or failed to give examinations. Nothing herein contained shall be construed as affecting the right of the authorities of

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local municipal systems to prescribe the courses of study therein, or select text books, in those schools where they are now allowed to do so by law. Schools, locally established and maintained. Sec. 22. That none of the provisions of this bill shall apply to local county school systems which were in existence at the time of the adoption of the Constitution of 1877. Nor shall any of the provisions of this Act apply to the school system of any municipality having a population of one hundred thousand people or more. Local and municipal schools. Sec. 23. Be it further enacted, That no member of the State Board of Education or any appointees of said Board or any other person or persons that has the authority of selecting or in any way aiding in the selection of school books for the schools of Georgia, shall for themselves or any member of their respective families receive any gifts, compensation or remuneration of any kind from any school book publishing house, corporations, individuals, or the agents or representatives of either, nor shall any person, publishing house or corporation engaged in publishing or the sale of school books offer to any of said Board or their families or appointees any gift, compensation or remuneration, directly or indirectly. Any person violating the provisions of this Section shall be guilty and punishable for a misdemeanor. Should any of the aforementioned publishing houses, corporations, or persons engaged in publishing or selling school books offer to any of the aforementioned officers, their families or appointees any such compensation, remuneration or reward of any kind it shall be their duty to report same to the grand juries of their respective counties, and on failure or refusal to do so, they or either of them so failing or refusing shall be guilty and

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punishable for a misdemeanor and such officers on conviction thereof shall be removed from office. Gifts from or offer of gifts by school book publishers or their agents. Sec. 24. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. DRAINAGE, COURTS WITH JURISDICTION OF SUBJECT MATTER, CREATED. No. 265. An Act to promote the public health, convenience and welfare by leveeing, ditching and draining the wet, swamp and overflowed lands of the State, and providing for the establishment of levee or drainage districts for the purpose of enlarging or changing any natural water courses, and for digging ditches or canals for securing better drainage or providing better outlets for drainage, for building levees or embankments and installing tide gates or pumping plants for the reclamation of overflowed lands, and prescribing a method for so doing; and providing for the assessment and collection of the cost and expense of the same, and issuing and selling bonds therefor, and for the care and maintenance of such improvements, when constructed; and for other purposes. The General Assembly of Georgia does enact: Section 1. The Clerk of the Superior Court, together with the Board of Commissioners of Roads and Revenues,

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or if there be no such board, with Ordinary of any county of the State of Georgia, shall constitute a Court to have jurisdiction, power and authority to establish a levee or drainage district or districts in his county, and to locate and establish levees, drains or canals, and cause to be constructed, straightened, widened or deepened any ditch, drain or water course, and to build levees or embankments and erect tide gates and pumping plants for the purpose of draining and reclaiming wet, swamp or overflowed lands; and it is hereby declared that the drainage of swamps and the drainage of surface water from agricultural lands, and the reclamation of tidal marshes shall be considered a public benefit and conducive to the public health, convenience, utility and welfare. A Court in each county with jurisdiction to establish a system of drainage. Sec. 2. Whenever a petition signed by a majority of the resident land owners in a proposed drainage district, or by the owners of three-fifths of all the land which shall be affected by or assessed for the expense of the proposed improvements shall be filed in the office of the Clerk of the Superior Court of any county in which a part of said lands are located setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation, and the public benefit, or utility, or the public health, convenience or welfare will be promoted by draining, ditching or leveeing the same, or by changing or improving the natural water courses, and setting forth therein, as far as practicable, the starting point, route and terminuses and lateral branches, if necessary, of the proposed improvement, signed by two or more sureties, or by some lawful and authorized surety company, to be approved by the Clerk of the Superior Court and conditioned for the payment of

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all costs and expenses incurred in the proceedings in case the Court does not grant the prayer of said petition, said Clerk shall issue a summons to be served on all the defendant land owners who have not joined in the petition and whose lands are included in proposed drainage district. Upon the return day the said Court shall appoint a disinterested and competent civil and drainage engineer and two resident freeholders of the county or counties in which said lands are located as a board of viewers to examine the lands described in the petition and make a preliminary report thereon. The compensation for the services of said engineer, his assistants and freeholders shall be paid from such funds as may be specifically appointed for said express purpose, the same to be refunded when the drainage fund is subsequently provided by the sale of bonds or otherwise. When the lands proposed to be drained and created into a drainage district are located in two or more counties, the Clerk of the Superior Court, together with the Board of Commissioners of Roads and Revenues, or if there be no such Board, with ordinary of either county, the Court as hereinbefore provided, shall have and exercise the jurisdiction herein conferred, and the venue shall be in the county in which the petition is filed. The law and rules regulating civil proceedings shall be applicable to this Act so far as the same may be practicable, the summons may be served by publication as to any defendant who cannot be personally served as provided by law. Procedure to establish a drainage district. Sec. 3. The Board of Viewers shall proceed to examine the land described in said petition and other land if necessary to locate properly such improvement or improvements as are petitioned for along the route described in the petition, or any other route answering the same purpose if

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found more practicable or feasible, and may make surveys such as may be necessary to determine the boundaries and elevation of the several parts of the districts, and shall make and return to the Clerk of the Superior Court within thirty days, unless the time shall be extended by the Court, a written report which shall set forth: Board of Viewers, reports of. 1. Whether the proposed drainage is practicable or not. 2. Whether it will benefit the public health, or any public highway or be conducive to the general welfare of the community. 3. Whether the improvement proposed will benefit the lands sought to be benefited. 4. Whether or not all the lands that are benefited are included in the proposed drainage district. They shall also file with this report a map of the proposed drainage district, showing the location of the ditch or ditches or other improvements to be constructed and the lands that will be affected thereby, and such other information as they may have collected that will tend to show the correctness of their findings. Sec. 4. The Court aforesaid shall consider this report. If the viewers report that the drainage is not practicable, or that it will not benefit the public health, or any public highway or be conducive to the general welfare of the community, and the Court shall approve such findings, the petition shall be dismissed at the cost of the petitioners. Such

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petition or proceeding may again be instituted by the same or additional land owners at any time after six months upon proper allegations that conditions have changed or that material facts were omitted or overlooked. If the viewers report that the drainage is practicable and that it will benefit the public health, or any public highway, or be conducive to the general welfare of the community, and the Court shall so find, then the Court shall fix a day when the report will be further heard and considered. Reports, how considered. Sec. 5. If the petition is entertained by the Court, notice shall be given by publication for two consecutive weeks in some newspaper of general circulation within the county or counties, if one shall be published in such counties, and also by posting a written or printed notice at the door of the court house and at five conspicuous places within the drainage district, that on the date set, naming the day, the Court will consider and pass upon the report of the viewers. That non-resident land owners shall have written notice sent them by the Clerk of the Superior Court at least thirty days before said hearing. At least fifteen days shall intervene between the date of the publication and the posting of the notices and the date set for the hearing. Notice of hearings on reports. Sec. 6. At the date appointed for the hearing the Court shall hear and determine any objection that may be offered to the report of the viewers. If it appear that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof such lands shall be excluded and the names of the owners withdrawn from such proceeding; and if it be shown that there is any land not within the proposed district that will

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be affected by the construction of the proposed levee or drain, the boundary of the district shall be so changed as to include such land, and such additional land owners shall be made parties plaintiff or defendant, respectively, and summons shall issue accordingly as herein provided. After such change in the boundary is made, the sufficiency of the petition shall be verified to determine whether or not it conforms to the statute as provided in Section 2. The efficiency of the drainage or levees may also be determined, and if it appears that the location of any levee or drain can be changed so as to make it more effective, or that other branches or spurs should be constructed, or that any branch or spur projected may be eliminated or other changes made that will tend to increase the benefits of the proposed work such modification and changes shall be made by the Board. The engineer and the other two viewers may attend this meeting and give any information or evidence that may be sought to verify or substantiate their report. If necessary the petition as amended shall be referred by the court to the engineer and two viewers for further report. The above facts having been determined to the satisfaction of the Court, and boundaries of the proposed district so determined, it shall declare the establishment of the drainage or levee district, which shall be designated by a name or number, for the object and purpose as herein set forth. Powers and duties of Court. Sec. 7. If it shall be necessary to acquire a right of way or an outlet over and through lands not affected by the drainage, and the same cannot be acquired by donation or purchase, then and in such event the power of eminent domain is hereby conferred, and the same may be condemned. Such owner or owners of the land proposed to be condemned may be made parties defendant in the manner

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of an ancillary proceeding, and the proceeding shall be substantially as provided for the condemnation of rights of way for railroads in Chapter nine of the Code of 1910, so far as the same may be applicable and such damages as may be awarded as compensation shall be paid by the Board of Drainage Commissioners out of the first funds which shall be available from the proceeds of sale of bonds or otherwise. Condemnation of rights-of-way. Sec. 8. Any person or corporation owning lands within the drainage or levee district which he or it thinks will not be benefited by the improvement and should not be included in the district may appeal from the decision of the Court to the Superior Court of such county by filing an appeal, accompanied by a bond conditioned for the payment of the costs, if the appeal should be decided against him, for such sum as the Court may require, not exceeding two hundred dollars, signed by two or more solvent sureties, or in some approved surety company, to be approved by the Court. Appeals. Sec. 9. After the district is established, the Court shall refer the report of the engineer and viewers back to them to make a complete survey, plans and specifications for the drains, or levees, or other improvements, and fix a time when said engineer and viewers shall complete and file their report, not exceeding sixty days. Establishment of drainage district. Sec. 10. The engineer and viewers shall have power to employ such assistants as may be necessary to make a complete survey of the drainage district, and shall enter upon the ground and make a survey of the main drain and all its laterals. The line of each ditch, drain or levee shall be plainly and substantially marked on the ground. The

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course and distance of each ditch shall be carefully noted and sufficient notes made, so that it may be accurately plotted and mapped. A line of levees shall be run for the entire work and sufficient data secured from which accurate profiles and plans may be made. Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books. If it is deemed expedient by the engineer and viewers other levees may be run to determine the fall from one part of the district to another. If an old water course, ditch or channel is being widened,. deepened, or straightened it shall be accurately cross sectioned so as to complete the amount of cubic yards saved by the use of such old channel. A drainage map of the district shall then be completed, showing the location of the ditch or ditches and other improvements and the boundary as closely as may be determined by the records of the lands owned by each individual land owner within the district. The location of any railroad or public highways and the boundary of any incorporated towns or villages within the district shall be shown on the map. There shall also be prepared to accompany this map a profile of each levee, drain or water course showing the surface of the ground, the bottom or grade of the proposed improvement and the number of cubic yards of excavation or fill in each mile or fraction thereof, and the total yards in the proposed improvement and the estimated cost thereof, and plans and specifications, and the cost of any other work required to be done. Surveys, how made. Sec. 11. It shall be the further duty of the engineer and viewers to assess the damages claimed by any one that is justly right and due to them for land taken or for inconvenience imposed because of the construction of the improvement,

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or for any other legal damages sustained. Such damage shall be considered separate and apart from any benefit the land would receive because of the proposed work, and shall be paid by the Board of Drainage Commissioners when funds shall come into their hands. Damages, how assessed. Sec. 12. It shall be the duty of the engineer and viewers to personally examine the land in the district and classify it with reference to the benefit it will receive from the construction of the levee, ditch or water course or other improvement. In case of drainage, the degree of wetness of the land, its proximity to the ditch or a natural outlet and the fertility of the soil shall be considered in determining the amount of benefit it will receive by the construction of the ditch. The land benefited shall be separated in five classes. The land receiving the highest benefit shall be marked Class A, that receiving the next highest benefit Class B, that receiving the next highest benefit Class C, that receiving the next highest benefit Class D, and that receiving the smallest benefit Class E. The holdings of any one land owner need not necessarily be all in one class, but the number of acres in each class shall be ascertained, though its boundary need not be marked on the ground or shown on the map. The total number of acres owned by one person in each class, and the total number of acres benefited shall be determined. The total number of acres of each class in the entire district shall be obtained and presented in tabulated form. The scale of assessment upon the several classes of land returned by the engineer and viewers shall be in the ratio of five, four, three, two and one; that is to say, as often as five mills per acre is assessed against the land in Class A, four mills per acre shall be assessed against the land in Class B, three mills

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per acre in Class C, two mills per acre in Class D, and one mill per acre in Class E. This shall form the basis of the assessment of benefits to the lands for drainage purposes. Benefits, how estimated. Sec. 13. The engineer and viewers shall keep an accurate account and report to the Court the name and number of days each person was employed on the survey, and the kind of work he was doing and any expenses that may have been incurred in going to and from the work, and the cost of any supplies or material that may have been used in making the survey. Cost of surveys. Sec. 14. In case the work is delayed by high water, sickness or any other good cause, and the report is not completed at the time fixed by the Court, the engineer and viewers shall appear before the Court and state in writing the cause of such failure, and ask for sufficient time in which to complete the work, and the Court shall set another date by which the report shall be completed and filed. Extension of time for reports. Sec. 15. When the final report is completed and filed it shall be examined by the Court, and if it is found to be in due form and in accordance with the law, it shall be accepted, and if not in due form it may be referred back to the engineer and viewers, with instructions to secure further information to be reported at a subsequent date to be fixed by the Court. When the report is fully completed and accepted by the Court a date, not less than twenty days thereafter, shall be fixed by the Court for the final hearing upon the report, and notice thereof shall be given by publication in a newspaper of general circulation i nthe county and by posting a written or printed notice on the door of

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the court house and at five conspicuous places throughout the district, such publication to be made for at least two weeks before the final hearing. During this time a copy of the report shall be on file in the office of the Clerk of the Superior Court and shall be open to the inspection of any land owner or other person interested within the district. Final reports. Sec. 16. At the date set for the hearing any land owner may appear in person or by counsel, and file his objection in writing to the report of the viewers; and it shall be the duty of the Court to carefully review the report of the viewers and the objection filed thereto, and make such changes as are necessary to render substantial and equal justice to all the land owners in the district. If in the opinion of the Court the cost of construction, together with the amount of damages assessed is not greater than the benefits that will accrue to the land affected, the Court shall confirm the report of the viewers. If, however, the Court finds that the cost of construction, together with the damages assessed, is greater than the resulting benefit that will accrue to the lands affected, the Court shall dismiss the proceedings at the cost of the petitioners, and the sureties upon the bond so filed by them shall be liable for such costs. The Court may from time to time collect from petitioners such amounts as may be necessary to pay costs accruing, other than costs of the engineer, his assistants and freeholders, such amounts to be repaid from the special tax herein authorized. Objections to report and judgment of Court. Sec. 17. Any party aggrieved may, within ten days after the confirmation of the assessors, report appeal to the Superior Court. Such appeal shall be taken and prosecuted as now provided in civil proceedings. Provided , that

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the right of appeal shall obtain in all cases of dispute as now provided by law, and in accordance with this Act. Appeals. Sec. 18. The Clerk of the Superior Court shall provide a suitable book, to be known as the Drainage Record, in which he shall transcribe every petition, motion, order, report, judgment or finding of the Board in every drainage transaction that may come before it, in such a manner as to make a complete and continuous record of the case. Copies of all maps and profiles are to be furnished by the engineer and marked by the Clerk official copies, which shall be kept on file by him in his office, and one other copy shall be pasted or otherwise attached to his record book. Drainage Record. Sec. 19. After the said drainage district shall have been declared established, as aforesaid, and the survey and plan therefor approved, the Court shall appoint three persons who shall be designated as the Board of Drainage Commissioners. Such Drainage Commissioners shall first be elected by the owners of the land within the drainage or levee district, or a majority of same, in such manner as the Court shall prescribe. The Court shall appoint those receiving a majority of the votes. If any one or more of such proposed Commissioners shall not receive the vote of a majority of such land owners the Court shall appoint all, or the remainder from among those voted for in the election. Any vacancy thereafter occurring shall be filled in like manner. Such three Drainage Commissioners, when so appointed, shall be immediately created a body corporate under the name and style of The Board of Drainage Commissioners of..... District, with the right to hold property and convey the same, to sue and be sued, and shall possess such other powers as usually pertain to corporations.

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They shall organize by electing from among their number a chairman and a vice-chairman. They shall also elect a secretary, either within or without their body. The Treasurer of the county in which the proceeding was instituted shall be ex-officio. Treasurer of such Drainage Commissioners. Such Board of Drainage Commissioners shall adopt a seal, which they may alter at pleasure. The Board of Drainage Commissioners shall have and possess such powers as are herein granted. The name of such drainage district, whether designated by number or otherwise, shall constitute a part of its corporate name; for illustration, The Board of Drainage Commissioners of (No. 1 or Okefenokee) District. Board of Drainage Commissioners. Sec. 20. The Board of Drainage Commissioners shall appoint a competent person as superintendent of construction. Such person shall furnish a bond, to be approved by the Commissioners, in the penal sum of ten thousand dollars, conditioned upon the honest and faithful performance of his duties, such bond to be in favor of the Board of Drainage Commissioners. Superintendent of Construction. Sec. 21. The Board of Drainage Commissioners shall cause notice to be given for two consecutive weeks in some newspaper published in the county wherein such improvement is located, if such there be, and such additional publication elsewhere as they may deem expedient, of the time and place of letting the work of construction of said improvement, and in such notice they shall specify the approximate amount of work to be done and the time fixed for the completion thereof; and in the date appointed for the letting, they, together with the superintendent of construction,

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shall convene and let to the lowest responsible bidder, either as a whole or in sections, as they may deem most advantageous for the district, the proposed work. No bid shall be entertained that exceeds the estimated costs except for good and satisfactory reasons it shall be shown that the original estimate was erroneous. They shall have the right to reject all bids and advertise again the work, if in their judgment the interest of the district will be subserved by doing so. The successful bidder shall be required to enter into a contract with the Board of Drainage Commissioners and to execute a bond for the faithful performance of such contract, with sufficient sureties, in favor of the Board of Drainage Commissioners for the use and benefit of the levee or drainage district, in an amount equal to twenty-five per centum of the estimated cost of the work awarded him. Work of construction, how let. Sec. 22. The superintendent in charge of construction shall make monthly estimates of the amount of work done, and furnish one copy to the contractor and file the other with the Secretary of the Board of Drainage Commissioners against such contractor, and his bond five days after the filing of such estimate, meet and direct the secretary to draw a warrant in favor of such contractor for ninety per centum of the work done, according to specifications and contract; and upon the presentation of such warrant properly signed by the chairman and the secretary, to the treasurer of the drainage fund, he shall pay the amount due thereon. When the work is fully completed and accepted by the superintendent he shall make an estimate for the whole amount due, including the amounts withheld on the previous monthly estimates, which shall be paid from the drainage funds as before provided. Estimates of and payments for work.

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Sec. 23. If any contractor, to whom a portion of said work shall have been let, shall fail to perform the same according to the terms specified in his contract, action may be had in behalf of the Board of Drainage Commissioners against such contractor and his bond in the Superior Court for damages sustained by the levee or drainage district, and recovery made against such contractor and his sureties. In such an event the work shall be advertised and re-let in the same manner as the original letting. Suits against contractors. Sec. 24. In the construction of the work the contractor shall have the right to enter upon the lands necessary for this purpose, and the right to remove private or public bridges or fences and to cross private land in going to or from the wo.kr In case the right of way of the improvement is through timber the owner thereof shall have the right to remove it, if he so desires, before the work of construction begins, and in case it is not removed by the land owner it shall become the property of the contractor, and may be removed by him. Work, how Executed. Sec. 25. Where any public ditch, drain or water course established under the provisions of this Act crosses a public highway, the actual costs of constructing the same across the highway or removing old bridges or building new ones shall be paid for from the fund of the drainage district. Whenever any highway within the levee or drainage district shall be beneficially affected by the construction of any improvement or improvements in such district it shall be the duty of the viewers appointed to classify the land to give in their report the amount of benefit to such highway, and notice shall be given by the Clerk of the Superior Court to the Board of Commissioners of Roads and Revenues, or if there be no such Board, to the Ordinary of the

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county where the road is located of the amount of such assessment, who shall have the right to appear before the Court and file objections, the same as any land owner. Crossings of public highways. Sec. 26. Whenever the engineer and the viewers in charge shall make a survey for the purpose of locating a public levee or drainage district or changing a natural water course, and the same would cross the right of way of any railroad company, it shall be the duty of the owner in charge of the work to notify the railroad company, by serving written notice upon the agent of such company or its lessee or receiver, that they will meet the company at the place where the proposed ditch, drain or water course crosses the right of way of such company, said notice fixing the time of such meeting, which shall not be less than ten days after the service of same, for the purpose of conferring with said company with relation to the place where and the manner in which such improvement shall cross such right of way. When the time shall arrive fixed for such conference, unless for good cause more time is agreed upon, it shall be the duty of the viewers in charge and the railroad company to agree, if possible, upon the place where and the manner and method in which such improvement shall cross such right of way. If the viewers and the railroad company can not agree, or if the railroad company shall fail, neglect or refuse to confer with the viewers, they shall determine the place and manner of crossing the right of way of said railroad company, and shall specify the number and size of openings required, and the damages, if any, to said railroad company, and so specify in their report. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge or strengthen an old one shall not be considered as damages to said railroad company. The

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engineer and viewers shall also assess the benefits that will accrue to the right of way, road bed and other property of said company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase in business that may come to said railroad because of the construction of the improvement. The benefits shall be assessed at a fixed sum, determined solely by the physical benefit that its property will receive by the construction of said improvement, and it shall be reported by the viewers as a special assessment, due personally from the railroad company as a special assessment; it may be collected in the manner of an ordinary debt in any Court having jurisdiction. Railroad crossings Sec. 27. The Clerk of the Superior Court shall have notice served upon the railroad company of the time and place of meeting to hear and determine the final report of the engineer and viewers, and the said railroad company shall have the right to file objections to said report and to appeal from the findings of the Board of Commissioners in the same manner as any land owner. But such an appeal shall not delay or defeat the construction of the improvement. Objections. by Railroads. Sec. 28. After the contract is let and the actual construction is commenced, if the work is being done with a floating dredge, the superintendent in charge of construction shall notify the railroad company of the probable time at which the contractor will be ready to enter upon the right of way of said road and construct the work thereon. It shall be the duty of said railroad to send a representative to view the ground with the superintendent of construction and arrange the exact time at which such

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work can be most conveniently done. At the time agreed upon the said railroad company shall remove its rails, ties, stringers and such other obstructions as may be necessary to permit the dredge to excavate the channel across its right of way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of said railroad. In case the railroad company refuses and fails to remove its track and allow the dredge to construct the work, on its right of way, it shall be held as delaying the construction of the improvement, and such company shall be liable to a penalty of twenty-five dollars per day for each day of delay, to be collected by the Board of Drainage Commissioners for the benefit of the drainage district as in the case of other penalties. Such a fine may be collected in any Court having jurisdiction and shall inure to the benefit of the drainage district. Within thirty days after the work is completed an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the superintendent of construction of the drainage improvement. Such bill, however, shall not include the cost of putting in a new bridge or strengthening or enlarging an old one. The superintendent of construction shall audit this bill and, if found correct, approve the same and file with the secretary of the Board of Drainage Commissioners. The Commissioners shall deduct from this bill the cost of the excavation done by the dredge on the right of way of said railroad company at the contract price, and pay the difference, if any, to said railroad company. Provided , that said railroad company shall have the right to make the necessary excavation across its right of way as required in said Section. Execution of work on railroad rights-of-way. Sec. 29. Whenever any improvement constructed under this Act is completed, it shall be under the control and

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supervision of the Board of Drainage Commissioners. It shall be the duty of the said Board to keep the levee, ditch, drain or water course in good repair, and for this purpose they may levy an assessment on the lands benefited by the construction of said improvement in the same manner and in the same proportion as the original assessments were made, and the fund that is collected shall be used for repairing and maintaining the ditch, drain or water course in perfect order; provided, however , that if any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed or by the act or negligence of his agent or employee, or if the same is caused by the cattle, hogs or other stock of said owner, employee or agent, then the cost thereof shall be assessed and levied against the lands of said owner above, to be collected by proper suit instituted by the Drainage Commissioners. It shall be unlawful for any person to injure or damage or obstruct or build any bridge, fence or flood gate in such a way as to injure or damage any levee, ditch, drain or water course constructed or improved under the provisions of this Act, and any person causing such injury shall be guilty of a misdemeanor, and upon conviction thereof may be fined in any sum not exceeding twice the damage or injury done or caused. Maintenance of drainage established. Sec. 30. The owner of any land that has been assessed for the costs of the construction of any ditch, drain or water course, as herein provided, shall have the right to use the ditch, drain or water course as an outlet for lateral drains from said land; and if said land is separated from the ditch, drain or water course by the land of another or others, and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which

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he may enter their lands and construct said drain or ditch, he may file his ancillary petition in such pending proceeding to the court and the procedure shall be as now provided by the law. When the ditch is constructed it shall become a part of the drainage system and shall be under the control of the Board of Drainage Commissioners and be kept in repair by them as herein provided. Rights of land owners. Sec. 31. After the classification of the land and the ratio of assessment of the different classes to be made thereon has been confirmed by the court, the Drainage Commissioners shall prepare an assessment roll or drainage tax duplicate, giving a description of all the land in said drainage district, the name of the owner, so far as can be ascertained from the public records, and the amount of assessment, against each of the several tracts of land. In preparing this assessment roll the Board shall ascertain the total costs of the improvement, including the damages awarded and to be paid to the owners of land, and all incidental expenses, and deduct therefrom any special assessment made against any railroad or highway, and the remainder shall be the amount to be borne and paid by the lands benefited. This amount shall be assessed against the several tracts of land according to the benefit received, as shown by the classification and ratio of assessment made by the viewers and confirmed by the Board of Drainage Commissioners. This drainage tax roll shall be made in duplicate, signed by the chairman and secretary, and one copy filed with the drainage record and the other delivered to the Sheriff or other county Tax Collector. There shall be appended an order to collect the said assessments, and the same shall have the force and effect of a judgment as in the case of State and county taxes. Assessments for cost of drainage.

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Sec. 32. If the total cost of the work is less than an average of twenty-five cents per acre on all the land in the district, the assessment made against the several tracts shall be collected in one installment, by the same officer and in the same manner as State and county taxes are collected, and payable at the same time. In case the total assessment exceeds the average of twenty-five cents per acre on all lands in the district the said Board of Drainage Commissioners may give notice of three weeks by publication in some newspaper of general circulation in the district, if there be one, and also by posting a written or printed notice at the door of the court house and at five conspicuous places in the drainage district, that they propose to issue bonds for the construction of said improvement, giving the amount of bonds to be issued, the rate of interest they are to bear and the time when payable. Any land owner having lands assessed in the district and not wanting to pay interest on the bonds may, within thirty days after the publication of said notice, pay the county Treasurer the full amount of his assessment and have his land released therefrom. Payment of assessments or bonds for same. Sec. 33. Each and every person owning land in the district which is assessed for the construction of an improvement who shall neglect or fail to pay the full amount of his assessment to the county Treasurer within the time specified, shall be deemed as consenting to the issuing of said drainage bonds, and in consideration of the right to pay his assessment in installments he thereby waives his right to any defense against the collection of said assessment because of an irregularity, illegality or defect in the proceedings prior to this time, except in the case of an appeal as heretofore provided, which is not affected by this waiver.

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The term person as used in this Act, includes any firm, company or corporation. Sec. 34. At the expiration of the thirty days after the publication, the Board of Drainage Commissioners may issue bonds for the full amount of the assessment not paid in to the county Treasurer, together with the interest thereon, costs of collection or other incidental expenses. These bonds shall bear six per cent. interest per annum, payable annually, and shall be paid in ten equal annual installments. The first installment of the principal shall mature at the expiration of three years from the date of issue, and one installment each succeeding year for nine additional years. The Commissioners may sell these bonds at not less than par and devote the proceeds to the payment of the work as it progresses. In no case shall bonds be issued until the tax levy has been made to meet them as they come due. The bonds issued shall be for the exclusive use of the levee or drainage district specified on their face and should be numbered by the Board of Drainage Commissioners and recorded in the drainage record, which record shall set out specifically the lands embraced in the district on which the tax has not been paid in full, and which land is assessed for the payment of the bonds issued and the interest thereon. This assessment shall constitute the first and paramount lien, second only to State and county taxes, upon the lands assessed for the payment of said bonds and the interest thereon as they become due, and shall be collected in the same manner by the same officers as the State and county taxes are collected. If any installment of principal or interest represented by the said bond shall not be paid at the time and in the manner when the same shall become due and payable, and such default continue for a period of six

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months, the holder or holders of such bond or bonds, upon which default has been made may have a right of action against said drainage district or the Board of Drainage Commissioners of said district, wherein the court may issue a writ of mandamus against the said drainage district, its officers, including the Tax Collector and Treasurer, directing the levying of a tax or special assessment as herein provided, and the collection of same, in such sum as may be necessary to meet any unpaid installments of principal and interest and costs of action; and such other remedies as are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law; and the right of action is hereby vested in the holder or holders of such bond upon which default has been made authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this Act, the official bonds of the Tax Collector and County Treasurer shall be liable for the faithful performance of the duties herein assigned them. Such bonds may be increased by the Board of County Commissioners. Bonds for drainage, how issued and collected. Sec. 35. Where the Court has confirmed an assessment for the construction of any public levee, ditch or drain and such assessment has been modified by the Court of superior jurisdiction, but for some unforeseen cause it cannot be collected, the Board of Drainage Commissioners shall have power to change or modify the assessment as originally confirmed to conform to the judgment of the Superior Court and to cover any deficit that may have been caused by the order of said Court or unforeseen occurrence. The said relevy shall be made for the additional sum required, in the same ratio on the lands benefited as the original assessment was made. Re-assessment.

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Sec. 36. Any engineer employed under the provisions of this Act, shall receive such compensation per diem for his services as shall be fixed and determined by the Drainage Commissioners. The viewers other than the engineer, shall receive three dollars per day, the rodmen, axmen, chainmen and other laborers shall receive not to exceed two dollars per day each, all other fees and costs incurred under the provisions of this Act shall be the same as provided by law for like services in other cases, said costs and expenses shall be paid by the order of the Court, out of the drainage fund provided for that purpose, and the Board of Drainage Commissioners shall issue warrants therefor when funds shall be in the hands of the Treasurer. Compensation of engineers and others. Sec. 37. In the event that the United States Government makes provision for loans to promote drainage and reclamation work or provides for such work to be done under the supervision of its officials, the Drainage Commissioners for districts created under this Act are empowered to avail themselves of such provisions at any time by cooperating with said United States Government officials for the completion of any work begun prior to such provision being made, and said Drainage Commissioners are empowered to levy and collect in the manner herein provided the taxes against the land and to pledge and pay the receipts from such levy in liquidation of the loan made as aforesaid by the United States Government; and it shall be the duty of the State Geologist of this State to co-operate and solicit the co-operation of the various bureaus of the United States Government, in promotion of all work undertaken by this Act. Cooperation with U. S. officials. Sec. 38. The provisions of this Act shall be liberally construed to promote the leveeing, ditching, draining and

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reclamation of wet and overflowed lands. The collection of the assessment shall not be defeated, where the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the Court confirming the final report of the viewers; but such order or orders shall be conclusive and final that all prior proceedings, were regular and according to law, unless they were appealed from. If on appeal the Court shall deem it just and proper to release any person or to modify his assessment or liability, it shall in no manner effect the rights and legality of any person other than the appellant, and the failure to appeal from the order of the Court within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this Act shall exclude all other remedies. Regularity of proceedings. Sec. 39. Proceedings under this Act may be ex parte or adversary. Any engineer, viewer, superintendent of construction or other person appointed under this Act may be removed by the Court, upon petition, for corruption, negligence of duties or other good and satisfactory causes shown. Appointees removable for cause. Sec. 40. This act shall take effect from and after its passage and shall not repeal or change the law contained in Volume 1, Code of Georgia, 1910, on the subject of drainage, but shall be cumulative thereto, nor shall it affect any local drainage system established thereunder. Existing laws on drainage not repealed. Approved August 19, 1911. Note by Compiler.This Act as here printed is a copy of the enrolled Act signed by the Governor, material errors being found in engrossed copy.

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DEPARTMENT OF COMMERCE AND LABOR ESTABLISHED. No. 298. An Act to provide for a Department of Commerce and Labor; for the appointment of a Commissioner of Commerce and Labor and other officers thereof; to define their duties; to provide for the collection and dissemination of authentic statistics pertaining to the various industries and resources of this State; and data relating to the condition and welfare of the laboring people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That a Department of Commerce and Labor is hereby created and established, the duties of which Department shall be exercised and discharged by a Commissioner, who shall be designated as Commissioner of Commerce and Labor, and by an Assistant, who shall be appointed by the Commissioner. Said Commissioner of Commerce and Labor shall be elected by persons qualified to vote for members of the General Assembly, at the same time, in the same manner, and under the same rules and regulations as the Governor and State House officers; and shall hold his office for two years, and until his successor is elected and qualified, unless removed in the manner now prescribed by law for the removal of officials of the State government. In case of a vacancy in the office of Commissioner of Commerce and Labor from any cause, such vacancy shall be filled by appointment by the Governor, which appointee shall hold the office until his successor

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is elected and qualified. The first election for Commissioner of Commerce and Labor shall take place at the special election which shall be ordered and held for Governor to fill the unexpired term of the present Governor, and such Commissioner shall hold office until his successor shall have been elected at the next general election for State House officers and until his successor shall qualify. The office of said Department shall be kept in the Capitol and shall be furnished and provided for as are other Departmental offices of the State. Said Commissioner and his assistant shall devote their whole time to the duties of their office and shall not hold any other office during their terms of office. Department of Commerce and Labor. Commissioner and his assistant. Sec. 2. The Commissioner, aided by the Assistant Commissioner, shall collect and collate information and statistics concerning labor and its relation to capital, showing labor conditions throughout the State; the hours of labor; the earnings of laborers; and their educational, moral and financial condition, and the best means of promoting their mental, moral and material welfare; shall, also, collect and collate information and statistics concerning the location, capacity of mills, factories, workshops and other industries, and actual output of manufactured products, and also the character and amount of labor employed; the kind and quantity of raw material annually used by them, and the capital invested therein; shall also collect and collate information and statistics concerning the location, estimated and actual horsepower and condition of valuable water powers, developed and undeveloped, in this State; also, of timber lands, and such other information and statistics concerning the industrial welfare of the citizens of this State as he may deem to be of interest and benefit to the

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public; and by the dissemination of such data to advertise the various industrial and natural resources of Georgia, in order to attract and bring capital into this State. Provided , that whenever the information and statistics herein mentioned as to water powers and timber lands are collected and collated by some other Department of the State Government the Department of Labor shall be relieved of the requirement to collect such statistics. Provided , that nothing in this Act shall be construed to apply to farm or agricultural labor; that this Act shall not apply to saw-mill and turpentine laborers. Duties of Commissioner and assistant. Sec. 3. The Commissioner shall furnish suitable blanks to the heads of the various industries of this State, upon which answers are desired in the collection of such statistical data. Reports and blanks for same. But no use shall be made in the report of the Department of the names of individuals, firms or corporations supplying the information called for by this Act, such information being deemed confidential, and not for the purpose of disclosing any person's private affairs. All officers of the various counties of this State shall, when called upon, furnish the Commissioner such statistical and other information within their official knowledge or keeping, concerning such industrial and other interests, within the purview and intent of this Act. Sec. 4. Said Commissioner shall make investigation concerning the operation of the various laws relating to the safety of the life and limb of employees, especially those

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concerning the employment of child labor, and of women, and he shall take legal steps looking to the proper enforcement and due observance of such laws. Safety of employees. Sec. 5. Said Commissioner may inquire into the causes of strikes and lockouts, and other disagreements between employers and employees; and, whenever practicable, offer his good offices to the contending parties with a view of bringing about friendly and satisfactory adjustments thereof. Strikes. Sec. 6. The Commissioner shall annually publish a report addressed to the Governor, embodying therein such information and statistics as he may deem expedient and proper, which report shall be printed and paid for by the State just as reports of other public officers are printed and paid for. The number of copies of such report to be printed to be designated by the Commissioner. He shall also make a full report to the Governor as other officers are required to do, embodying therein such recommendations as he may deem calculated to promote the efficiency of his Department. Reports of Commissioner. Sec. 7. The Commissioner shall receive a salary of twenty-four hundred dollars per annum; the Assistant Commissioner eighteen hundred dollars per annum; and a stenographer nine hundred dollars per annum, and nine hundred dollars per annum shall be allowed for the incidental expenses of said Department, including the actual traveling expenses of said Commissioner and Assistant, while traveling for the purpose of collecting information and statistics as provided for in this Act. Salaries.

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Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. DEPARTMENT OF GAME AND FISH ESTABLISHED. No. 238. An Act for the protection of game animals and birds and fish; to establish the Department of Game and Fish; to declare what shall be game animals and birds; to provide for the appointment of a State Game and Fish Commissioner, and the appointment of Wardens and Deputy Wardens, prescribing their duties and their compensation; to regulate licenses to hunt and for other purposes, and to provide penalties for violations of this Act. Section 1. Be it enacted by the General Assembly of Georgia, That the Department of Game and Fish be established, to be in charge of the State Game and Fish Commissioner, who shall be appointed by the Governor, and the term of whose office shall be for a period of two years, beginning September 1st, 1911, or until his successor is appointed and qualified. Any vacancy in his office by death or otherwise shall be filled by appointment of the Governor. Department of Game and Fish, Commissioner. Sec. 2. Said Commissioner shall receive a salary of not exceeding $2,000.00 per annum, payable alone out of the fund hereinafter mentioned and produced by virtue of

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this Act, and he shall give his entire time and attention to the service of the State as such Game and Fish Commissioner. Sec. 3. Said Commissioner shall give bond in the sum of $4,000.00, payable to the Governor of the State, with two or more solvent sureties, conditioned for the faithful performance of the duties of his office and a proper accounting of all monies that may come into his hands as Commissioner. He shall keep a public record correctly disclosing all monies received and expended, the number of hunter's licenses, the number of Wardens employed, with their names and counties in which they serve. Also, the name of each person prosecuted for violations of this Act, with the amount of fines imposed and collected in each case, and all such other information as may be necessary to the affairs of the Department. The books and accounts of said Commissioner shall be audited in the same way as other books and accounts of the other Departments of State are audited. He shall have a seal of office. Bond of Commissioner, duties of. Sec. 4. It shall be the duty of said Commissioner to see that the laws now or hereafter enacted for the protection, propagation, and preservation of game animals, game birds or other birds, and fish in this State are observed, and that violations of said laws are promptly and speedily prosecuted. It shall be his duty to seize or cause to be seized, game birds or other birds, animals and fish caught or killed at a time or in a manner, or which have been shipped contrary to the provisions of this Act. Such game or fish so seized shall be donated to some charitable institution in this State, except live game birds, or other birds, animals or fish, which shall be liberated. He shall, with Wardens and Deputy Wardens and ex-officio Wardens, be

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authorized to serve all criminal process for violations of this Act which could be served by Sheriffs and constables of this State. Protection of game and fish. Sec. 5. He shall appoint Game and Fish Wardens and Deputy Wardens in each county of this State, such appointees to hold their office for the term of two years, unless sooner removed for cause by the Commissioner. Such Wardens and Deputy Wardens shall enforce all the provisions of this Act and all other laws in reference to game and fish in their respective counties. Such Wardens and Deputy Wardens shall receive three dollars per day while acting under the special directions of the Commissioner with reference to the discharge of their duties, which sum shall be paid out of the Game Protection Fund provided by this Act. Each county Warden shall receive one-fourth of all fines and forfeitures and penalties collected in the county in which he holds office, imposed for violations of this Act, where he does not furnish the evidence necessary to convict. If he does arrest, or cause the arrest, and furnish the evidence necessary to convict, then he shall have three-fourths of such fines, forfeitures and penalties. Any person arresting or causing to be arrested offenders under this Act, and furnishing the evidence necessary to convict such offenders, shall receive one-half of all fines, forfeitures and penalties imposed and collected from such offenders and legal fees paid to constables. The remaining portion of fines imposed and collected shall be forwarded to the State Game Commissioner and by him turned into the treasury to the credit of the Game Protection Fund. The county Warden shall receive twenty-five cents for each county license issued by him, one dollar for each State license, and three dollars for each non-resident license issued by him.

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All county Wardens shall keep a record in the office of the clerk of the court in their respective counties which record shall be open to the public, giving the names of all parties holding resident county and State license and non-resident State licenses issued by him. This record shall also show the names, offenses and fines imposed on all persons convicted for a violation of the fish or game laws of this State in the county of his jurisdiction. Wardens and deputy Wardens. Sec. 6. Any resident of the State may procure a license to hunt in his resident county upon the payment of the sum of one dollar. License to such resident shall be issued authorizing him to hunt throughout the State upon the payment of three dollars. License shall be issued to non-residents of the State upon the payment of the sum of fifteen dollars, which shall authorize such non-resident to hunt throughout the State. All licenses shall bear the date of issuance if the license is issued in the open season, and shall authorize the person named therein to hunt during the then open season, and if issued in the closed season, shall authorize said person to hunt during the next succeeding open season. Such licenses shall be signed by the Commissioner and countersigned by the Game Warden of the county in which the license is issued and numbered. It shall contain the residence, age, sex and postoffice address of the person to whom issued; also state the race, approximate height and weight, and color of the applicant's hair and eyes. The license fees, less the Warden's fees, shall be remitted by the Warden to the Commissioner not later than the first of the following month. A person may hunt and fish in the open season in his own militia district, or on his own land without a license. Tenants and their families, by and with permission of the owner of the land, shall be permitted to hunt and fish on the lands leased and rented by them without

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a license. All licenses will terminate on the first day of February following the date of issuance. Licenses to hunt. Sec. 7. No person shall hunt [Illegible Text] fish upon the lands of another with or without a license, without first having obtained permission from such land owner. Rights of land owner. Sec. 8. All moneys received by the Commissioner arising under this Act shall constitute a fund known as the Game Protection Fund and shall be devoted to the payment of the salary of the Commissioner, his necessary incidental expenses and the salaries of the Game Wardens and Deputy Wardens when acting under the special instructions from him. Such salaries and expenses shall not be a charge upon the State funds, nor payable out of any other fund than the Game Protection Fund. No voucher for said salaries or expenses shall be paid unless there shall be at the time sufficient money to the credit of said Fund in the treasury. If there should be any money in the treasury at the end of the year to the credit of the Game Protection Fund, the amount so remaining shall become a part of the Public School Fund of the State. Game Protection fund. Sec. 9. The Clerk of each court in which prosecutions may be instituted for violations of this Act shall promptly report to the Commissioner the result of said trial and the amount of fines, forfeitures and penalties collected, which said sum shall, after the deduction mentioned in Section 5 of this Act, be forwarded to the Game Commissioner and be placed to the credit of the Game Protection Fund. Prosecutions for violations of law Sec. 10. It shall be the duty of the various Judges of the Superior Courts to specially mention in their charges to their respective grand juries the provisions of this Act. Superior Court Judges to charge law.

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Sec. 11. The following shall be deemed game birds and animals: Quail, commonly known as Bob White partridges, doves, snipe, wood cocks, and curlews, wild turkeys, grouse, pheasants, deer, squirrels, and summer or wood duck. Game, birds and animals. Sec. 12. Any person who shall purchase, or sell, or export for sale, or offer to sell any of the game birds or animals named in Section 11 of this Act shall be guilty of a misdemeanor, and upon conviction, punished by a fine of not less than ten or more than one hundred dollars and all costs for each offense, or to work on the public works not less than five nor more than thirty days, and any one or more of these punishments may be ordered in the discretion of the Judge. Sale of game birds or animals prohibited. Sec. 13. Any person who shall transport or ship, or offer to transport or ship, any of the game birds or animals mentioned in Section 11 of this Act, without the limits of the State, or from the county in which the game was killed, into another county in this State, or who shall sell or offer for sale, or purchase or offer to purchase any part of the plumage, skin or body of any of the game birds or animals mentioned in Section 11, or who shall take or wilfully destroy the nest or eggs of any of the said birds, shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed by Section 12 of this Act; provided , it shall be lawful for any person duly authorized to hunt, to personally transport, openly, the game actually killed by him, from the county in which it was killed to any county of this State, or without the State, but the person killing said game must in each instance accompany the game so killed.

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Each person hunting shall carry with him his license and exhibit the same promptly upon the request of any Game Warden, or Deputy Warden, or ex-officio Warden. Transportation of game. Sec. 14. Any person who shall hunt, kill or destroy, by any means whatsoever, or who is in possession of the following named birds or animals, expect between the following dates, shall be guilty of a misdemeanor, and upon conviction shall be punished as is prescribed by Section 12 of this Act: Quail, commonly known as Bob White part-ridges, doves, wild turkey gobblers, ploves from December 1st to March 1st following; snipe, from December 1st to May 1st following; wood cock or summer or wood duck, from December 1st to January 1st following; deer, fox squirrels and gray squirrels, from October 1st to January 1st following, of each year. It shall be unlawful any time of the year to scatter upon the lands of any person, whether it be the owner of the lands or not, any corn, wheat or grain, or other bait for the purpose of drawing to the lands where such bait is scattered or placed, game birds or doves, for the purpose of shooting or allowing to be shot at, or killing such game birds or doves at or near such lands so baited, and it shall be unlawful for any person to shoot at or kill any dove or other game bird at, upon, over or near any land baited or baited field or land, and for a violation of this provision such person or persons shall be guilty of a misdemeanor and punished as prescribed in Section of Criminal Code. Hunting season. Baited lands. Sec. 15. During the open season no one person shall be authorized to kill more than three male deer, nor more than three wild turkey gobblers during any one season. Nor more than twenty-five game birds of any one specie in any

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one day, except snipe or doves, of which one person may kill forty in one day. Any person violating this Section shall be guilty of a misdemeanor and punished as prescribed in Section 12 of this Act. Limits of hunting privilege. Sec. 16. Any person who shall catch or kill any wild pheasant, grouse, wild doe or fawn, or wild turkey hens, or any imported game birds or game animals prior to December the 1st, 1916, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in Section 12 of this Act. Hunting certain game prior to Dec. 1916 prohibited. Sec. 17. Any person who shall at any time kill or capture, or wound any game bird or animal by the use of any pitfall, dead fall, snare, trap, net, pen or other devise, or by the use of any poison, drug or explosive, or who shall hunt, catch or kill any game bird or animals at night, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in Section 12 of this Act. Traps, nets, etc., prohibited. Sec. 18. Any person who shall hunt, without first obtaining a license, except upon his own land, or in his own militia district, or who lends or transfers his license to another, or who shall hunt upon the lands of another without first having obtained his consent to do so, except persons following hounds in pursuit of foxes or deer, or any other animal not mentioned in this Act, shall be guilty of a misdemeanor, and upon conviction, punished as prescribed in Section 12 of this Act. Illegal hunting punishable. Sec. 19. Any common carrier who shall ship, or transfer, or carry any game birds or animals without the limits of this State, shall be guilty of a misdemeanor, and upon

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conviction, punished as in Section 12 of this Act; provided , the terms of this Section shall not apply to game in the personal possession of the party killing the same; provided , such party has obtained a license then of force. Transportation out of State prohibited. Sec. 20. Any agent or employee of a common carrier who shall receive any game bird or animals for shipment without the State, or from one county to another county within this State, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in Section 12 of this Act. Agents of common carriers, punishable. Sec. 21. Any Warden, Deputy Warden or ex-officio Warden who shall fail to perform any act or duty placed upon him by this Act shall be guilty of a misdemeanor, and upon conviction, shall be punished as is prescribed in Section 12 of this Act. Wardens, punishable for failure of duty. Sec. 22. All monies received by the Commissioner arising from the provisions of this Act shall be deposited in the State Treasury to the credit of the Game Protection Fund, and said fund shall not be drawn upon nor used for any purpose save such as is designated in this Act. Game Protection fund. Sec. 23. It shall be unlawful for any person in the State to kill, catch, or have in his possession any wild non-game bird, or to take or destroy the nest or eggs of any non-game bird, or to have the same in his or her possession; such person violating the provisions of this Section shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in Section 12 of this Act; provided , this Section shall not apply to the following birds: English sparrows, owls, hawks, eagles, crows, and rice birds, except

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persons may ship into this State birds mounted for milinery purposes. Destruction of non-game birds prohibited. Sec. 24. The Game Commissioner and Wardens shall see that the laws pertaining to fish are rigidly enforced. Sec. 25. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1911. CONGRESSIONAL DISTRICTS REAPPORTIONED. No. 244. An Act to reapportion the several Congressional Districts of this State, in accordance with the Act of Congress, increasing the number of the Congressmen from Georgia to twelve, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the State of Georgia is hereby divided into twelve Congressional Districts, each of which is entitled to elect one Representative in the Congress of the United States. The districts shall be composed of the following counties, respectively: Twelve Congressional Districts. First District: Chatham, Bryan, McIntosh, Liberty, Tattnall, Bullock, Effingham, Screven, Jenkins and Burke. First. Second District: Tift, Colquitt, Thomas, Grady, Decatur, Miller, Early, Baker, Mitchell, Dougherty, and Calhoun and Worth. Second.

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Third District: Ben Hill, Turner, Crisp, Dooly, Macon, Taylor, Schley, Sumter, Lee, Terrell, Randolph, Clay, Quitman, Stewart, and Webster. Third. Fourth District: Carroll, Coweta, Heard, Troup, Meriwether, Harris, Talbot, Muscogee, Marion and Chattahoochee. Fourth. Fifth District: Douglas, Fulton, Campbell, DeKalb and Rockdale. Fifth. Sixth District: Clayton, Bibb, Jones, Jasper, Butts, Henry, Fayette, Spalding, Pike, Upson, Monroe and Crawford. Sixth. Seventh District: Haralson, Polk, Paulding, Cobb, Bartow, Floyd, Gordon, Chattooga, Walker, Dade, Catoosa, Whitfield, Murray and Putnam. Seventh. Eighth District: Greene, Franklin, Hart, Elbert, Wilkes, Oglethorpe, Madison, Clarke, Oconee, Morgan, Newton and Walton. Eighth. Ninth District: Jackson, Gwinnett, Hall, Cherokee, Fannin, Forsyth, Banks, Habersham, Stephens, Gilmer, Pickens, Milton, Union, Rabun, Lumpkin, White, Dawson and Towns. Ninth. Tenth District: Baldwin, Richmond, Jefferson, Washington, Wilkinson, Hancock, Taliaferro, Warreh, Glascock, McDuffie, Columbia and Lincoln. Tenth. Eleventh District: Glynn, Camden, Charlton, Pierce,

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Wayne, Appling, Jeff Davis, Ware, Clinch, Echols, Lowndes, Brooks, Berrien, Coffee and Irwin. Eleventh. Twelfth District: Twiggs, Houston, Pulaski, Wilcox, Dodge, Telfair, Laurens, Johnson, Emanuel, Montgomery and Toombs. Twelfth. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. HOUSE OF REPRESENTATIVES, REAPPORTIONMENT OF MEMBERS. No. 86. An Act to reapportion the members of the House of Representatives among the several counties of this State according to the last census of the United States, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the House of Representatives shall consist of one hundred and eighty-four Representatives apportioned among the several counties as follows, to-wit: To the six counties having the largest population, viz: Fulton, Chatham, Richmond, Bibb, Floyd and Muscogee, three Representatives each; to the twenty-six counties having

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the next largest population, viz: Laurens, Carroll, Jackson, Sumter, Thomas, Decatur, Gwinnett, Coweta, Cobb, Washington, DeKalb, Burke, Bulloch, Troup, Hall, Walton, Bartow, Meriwether, Emanuel, Lowndes, Elbert, Brooks, Houston, Wilkes, Clarke and Ware, two Representatives each, and to the remaining one hundred and fourteen counties, one Representative each. House of Representatives, 184 members. Sec. 2. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. PRACTICE IN COURTS OF REVIEW. No. 281. An Act to regulate and prescribe certain matters of review procedure and practice in the Courts of this State, and for other purposes. Section 1. Be it hereby enacted by the General Assembly of Georgia, that after the passage of this Act no Judge of the Superior Courts shall grant the writ of certiorari or sustain such writ in a criminal or quasi criminal case on the ground that the venue was not proved in the trial court, or that the time of the commission of the offense was not proved, unless there is a distinct allegation in the petition for the writ of failure to prove the venue or time, and an assignment of error as to such matters. Certiorari in criminal cases.

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Sec. 2. Be it further enacted, That no judgment of a trial Court in a criminal case shall be reversed by either the Supreme Court or the Court of Appeals for lack of proof of venue or of the time of the commission of the offense, save where the particular point has been specifically raised by a ground of the original or amended motion for a new trial. Proof of venue or time of commission of offense. Sec. 3. Be it further enacted, That where the Judge has finally passed on the merits of a motion for a new trial and the parties have raised no question as to the sufficiency of the approval of the grounds of such motion, or of the approval of the brief of evidence, or of the filing of such motion or brief, or of the jurisdiction of the Judge to entertain the motion at the time he did, if the parties acquiesced in his entertaining it at that time, no question as to these matters shall be entertained by the reviewing Courts unless first raised and insisted on before the trial Judge. Motions for new trial. Sec. 4. Be it further enacted, That where a bill of exceptions which can be identified as excepting to a specific judgment is served upon counsel of record in the case, such service shall be held to bind all parties whom said counsel represented in the trial Court. Where counsel acknowledges service upon a bill of exceptions, such acknowledgement shall be held to be a complete waiver of all defects in the service which the counsel signing it is legally competent to waive, whether such signing is done before or after the signing of the writ of error, unless counsel in the entry of acknowledgement distinctly and specifically states that it is not to be construed as waiving some particular defect then pointed out by him. If such acknowledgement of service is properly entitled in the cause, it need not be physically attached to the bill of exceptions. Service of bills of exceptions.

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Sec. 5. Be it further enacted, That where an acknowledgement of service has been procured as provided in Section 4 of this Act, the bill of exceptions may be amended in the reviewing Court by making any person a party defendant in error to the case who is bound by such service although such person may not have been named in the bill of exceptions. Parties defendant to bills of exceptions. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act, are hereby repealed. Approved August 21, 1911. LOBBYING PROHIBITED. No. 269. An Act requiring attorneys-at-law or agents retained or employed, for compensation, by any person, firm, corporation or association to aid in or oppose the enactment of a bill, or bills, or resolutions, to file with the Secretary of the State a statement in writing signed by such attorney-at-law or agent, stating the name of the person, firm, corporation or association by whom, or in whose behalf he is employed, and for what purpose employed, requiring itemized statement of expenditures to be filed, prohibiting attorneys and agents employed from going upon the floor of the Legislature, while same is in session, and privately speaking to them concerning legislation then pending, and providing penalties for the violation of the Acts prohibited, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, Section 1. That every person retained or employed for compensation, as Attorney-at-law, or Agent, by any person, firm, corporation or association, or regularly retained counsel of the same to aid, or oppose, directly, or indirectly, the enactment of a bill, or bills, resolution or resolutions, by either House of the General Assembly, shall before any service is entered upon in aiding or opposing such legislation, file in the office of the Secretary of State a writing, subscribed by such Attorney-at-law or Agent, stating the name, or namesof the person, or persons, firm, or firms, corporation, or corporations, association, or associations, in whose behalf they are retained, or employed, together with a statement of the subject matter of the legislation in reference to which such service is to be rendered. This registration is to be valid only for the term or session of the Legislature in which the legislation referred to is pending. It shall be the duty of the Secretary of State to provide suitable docket for registration, which shall be known as the Docket of Legislative Appearance, with appropriate indices, and to promptly enter therein the names of the parties appearing, and on whose behalf they appear, together with the subject matter in reference to which service is to be rendered, which Docket shall be opened to inspection. Registration of lobbyists. Sec. 2. Be it further enacted, That no person, firm, corporation or association, shall retain or employ an Attorney-at-law, or Agent, to aid or oppose legislation, for compensation contingent, in whole or in part, upon the passage or

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defeat of any legislative measure. Nor shall any Attorney-at-law, or Agent, be employed to aid or oppose legislation for compensation, contingent, in whole or in part, upon the passage or defeat of any legislation. Contingent fees prohibited. Sec. 3. Be it further enacted, That within two months after the adjournment of the Legislature, in which the legislation was pending in which they are interested, it shall be the duty of the person, firm, corporation or association, to file in the office of the Secretary of State, an itemized statement, verified by the oath of such person, or in case of the firm, a member thereof, or in case of a domestic corporation or association, an officer thereof, in the case of a foreign corporation or association, an officer or agent thereof, or an officer of said firm or corporation who is a resident of this State and conversant with the facts thereof, showing in detail all expenses paid, incurred or promised, directly, or indirectly, in connection with the legislation pending at the last previous session, with the names of the payees and the amounts paid each, also specifying the nature of such legislation, and the interest they had in same. Reports of expenses of lobbying. Sec. 4. Be it further enacted, That hereafter it shall be unlawful for the regular retained attorney, or special attorney or agent, employed for a compensation, for any person, firm, corporation or association, whether they have registered as required in the above Sections of this Act, to go upon the floor of either House of the Legislature, while the same is in session, and discuss privately, measures then pending in the Legislature. Lobbyists excluded from halls. Sec. 5. Any person violating any of the provisions of the four Sections above, shall be guilty of a misdemeanor,

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and punished as prescribed in Section 1065 of the Penal Code, adopted August 15, 1910. Punishment. Sec. 6. All laws, and parts of laws, in conflict with this Act, are hereby repealed. Approved August 19, 1911. MEDICAL COLLEGE OF GEORGIA, A BRANCH OF THE UNIVERSITY. No. 23. An Act to provide for the control and management of the Medical College of Georgia as a branch of the University of Georgia, define its powers, provide for the transfer of its property to the Trustees of the University of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Medical College of Georgia, located at Augusta, Georgia, and designated in the Civil Code of Georgia as one of the branch colleges of the University of Georgia, shall be under the management and control of a Board of Directors composed of nine members, appointed as hereinafter provided, subject, however, to the control of the Board of Trustees of the University of Georgia. Medical College. Board of Directors. Sec. 2. Be it further enacted by the authority aforesaid, That three members of said Board of Directors shall

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be appointed from the Board of Trustees of the University of Georgia, by the Chairman of said Board of Trustees, and shall hold office in accordance with the provisions of an Act approved August 5, 1910, in reference to Boards of Trustees for branch colleges of the University. The remaining six members of said Board of Directors shall be appointed by the Governor, by and with the advice and consent of the Senate, three of them shall be residents of Richmond county, and three of them shall be residents of the State outside of Richmond county. Two of said Directors shall be appointed for two years, two for four years, and two for six years, one for each term being appointed from Richmond County, and one from without Richmond County, and all of said directors shall hold their office until their successors are duly appointed. Board of Directors, how appointed. Upon the expiration of the terms of office of said six Directors to be appointed by the Governor, their successors shall be appointed in like manner by the Governor, by and with the advice and consent of the Senate, each for a term of six years. In all cases where there is a vacancy in the Board of these Directors, to be appointed by the Governor, and the General Assembly is not in session, the Governor shall appoint to fill the vacancy until the regular appointment can be made by the Governor and confirmed by the Senate. Vacancies, how filled. Sec. 3. Be it further enacted by the authority aforesaid, That a majority of said Board of Directors shall constitute a quorum for the transaction of business, and shall have power to select from their number a president, who shall be ex-officio a member of the Board of Trustees of the University of Georgia, and shall also select a Secretary, and shall have power to prescribe all necessary rules and regulations

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for the government of said Board, and for the government of said Medical College of Georgia, subject, however, to the control of the Trustees of the University of Georgia. President and Secretary. Sec. 4. Be it further enacted by the authority aforesaid, that the Trustees of the University of Georgia be, and they are, hereby authorized to receive and accept a conveyance from the proper officers of the Medical College of Georgia of title to all property, rights and franchises of the Medical College of Georgia, and hold the same for the benefit of said Medical College of Georgia as the Medical Department of the University of Georgia, and also, from time to time, to receive, accept and hold such donations, gifts, contributions, legacies and devises of any and all kinds of property which may be given, devised or contributed, to the Medical College of Georgia, or for its benefit, use or maintenance, and hold the same for the use, benefit and maintenance of said Medical College of Georgia. Property how held. Sec. 5. Be it further enacted by the authority aforesaid, that the property, rights and franchises of the Medical College of Georgia shall be conveyed to the Trustees of the University of Georgia, and shall he held by said Board of Trustees subject to all of the contracts and agreements heretofore entered into by the Medical College of Georgia with the Augusta Orphan Asylum and the City Council of Augusta, and the Board of Directors hereinbefore provided for the Medical College of Georgia are hereby authorized and empowered to carry out and perform said contracts, and are further authorized in their discretion, to enter such other contracts relating to the Medical and Surgical control of hospitals in the City of Augusta, and the medical and surgical care of the sick poor of Augusta, upon such terms and conditions as may be for the best interest of said Medical College. Contracts, old and new.

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Sec. 6. Be it further enacted by the authority aforesaid, That the Board of Trustees of the University of Georgia shall not be responsible for any of the debts, contracts or liabilities of said Medical College of Georgia, further than to the extent of the property held by said Board of Trustees under the conveyance or conveyances to be made in pursuance of this Act. Trustees, responsible for what debts and contracts. Sec. 7. Be it further enacted by the authority aforesaid, that as soon as a conveyance is made to the Trustees of the University of Georgia of the property, assets and franchises of the Medical College of Georgia, a meeting of the Board of directors appointed as hereinbefore provided, shall be called by the Governor at a time to be fixed by him, to be held at the present site of the Medical College of Georgia, in the City of Augusta, for the purpose of organization, and said Board of Directors shall constitute a local board of directors, for said Medical College of Georgia, with all necessary powers for the immediate control, supervision and management of said Medical College of Georgia. Organization of Board of Directors. Sec. 8. Be it further enacted by the authority aforesaid, That said Board of Directors shall elect or appoint a Dean and faculty and such officers, professors, assistant professors, teachers, lecturers and chemists, as may be necessary, and establish such departments, courses and curriculum as they think proper for the successful operation of the Medical College of Georgia as the Medical department of the University of Georgia; and shall fix all salaries and rates of tuition, and make such laws, rules and regulations for the government of said college, its officers, professors, teachers, students and employees as it may deem advisable. Dean, faculty, officers, professors, etc.

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Sec. 9. Be it further enacted, by the Authority aforesaid, That whenever it is made to appear to the Governor that any member of said Board of Directors who holds his appointment from the Governor has failed to attend two successive meetings of said Board, without rendering an excuse, which is satisfactory to and accepted by the Board, it shall be the duty of the Governor to declare his place vacant, and to fill the vacancy in the manner hereinbefore provided for the filling of vacancies. Directors place declared vacant when. Sec. 10. Be it further enacted by the authority aforesaid, that the members of said Board of Directors shall serve without compensation other than their actual expenses incurred in attendance upon meetings of the Board, which latter expenses shall be paid upon certificates of the Secretary of said Board out of the State Treasury. Board, serves without pay. Expenses, paid, how. Sec. 11. Be it further enacted by the authority aforesaid, That the Chancellor of the University of Georgia shall have supervision of said Medical College of Georgia, and of its management and operation as the Medical Department of the University of Georgia. Chancellor of University of Ga., supervises. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 1, 1911.

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TUITION OF NON-RESIDENTS IN SCHOOL OF TECHNOLOGY. No. 280. An Act to define the tuition of non residents in the Georgia School of Technology, to prescribe the name by which said school shall be known, to fix the compensation of certain officers of said school, to give to the Local Board of Trustees additional powers and rights, and for other purposes. Sec. 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, that the non resident students of the Georgia School of Technology who are required to pay tuition as non residents, shall be those who reside without the limits of this State at the time when they matriculate in said institution. No student who matriculates as a non resident shall afterwards be entitled to the benefits of resident tuition simply from the fact that he has elected to make Georgia his domicile. Any such non resident student shall be entitled to the privileges of the resident student as to tuition only when the family consisting of the parents or guardian of said non resident student shall remove to the State of Georgia with the intention of becoming domiciled therein. School of Technology. Tuition paid by non-residents. Who are non-residents. Sec. 2. Be it further enacted by the authority aforesaid, That the name of said Institution shall be the Georgia School of Technology, to be known as such on the diplomas and other documents emanating from said school. Corporate name. Sec. 3. Be it further enacted by the authority aforesaid, That the compensation of the Chairman of the local

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Board of Trustees, when actually engaged in attending to the business of said institution shall be at the rate of ten dollars ($10.00) per day; and this shall be the rate of compensation in all cases where the said Chairman of the Board is in attendance in Atlanta or elsewhere, presiding over the Board or transacting business for the institution of which he is the official head. It shall be paid only out of the funds belonging to said school; provided , that said Section shall be and remain of force for one year only. Compensation of Chairman. Sec. 4. Be it further enacted by the authority aforesaid, That the local Board of Trustees of the Georgia School of Technology shall have authority to recommend to the General Board of the University of Georgia the granting of honorary degrees to any person whom they deem fit and proper to receive the same. Such recommendation, when duly certified to the General Board, shall receive proper consideration by said Board, and if the recommendation is adopted the degree shall issue in the name of the University of Georgia and be delivered by the Chancellor thereof. Honorary degrees. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. AGRICULTURAL SCHOOLS AND MECHANICAL ARTS DISTRICTS. No. 241. An Act to amend an Act entitled An Act to provide for the establishing and maintenance of schools of Agriculture and the Mechanical Arts in the respective Congressional

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Districts of this State, so as to provide for the creation of eleven Agricultural Schools and Mechanical Arts districts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act to provide for the establishment and maintenance of Schools of Agriculture and the Mechanical Arts in the respective Congressional Districts of this State approved August 18, 1906, be and the same is hereby amended by adding a new Section, to be known as Section 10, to said Act, which shall read as follows: Section 10. Said schools shall be known in the future as Agricultural District Schools, and their boundaries shall remain as now fixed by law, without future reference to Congressional Districts. Section now numbered 10, shall be numbered 11, in said Act. Agricultural District Schools, their boundaries, etc. Sec. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. NORTH GEORGIA AGRICULTURAL COLLEGE, SECRETARY AND TREASURER. No. 38. An Act to amend an Act entitled: An Act to abolish the present Board of Trustees of the North Georgia Agricultural College; to provide a new Board of Trustees for said college with power for the control and management of said college, and for other purposes, approved

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August 21st, 1906 and published in the Acts of the Legislature of 1906, pages 78 and 79, so as to provide for the selection of a Secretary and a Treasurer by said Board and so as to provide for the compensation for such Secretary and such Treasurer; and for other purposes. Sec. 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the Authority of the same that Section 4 of the above recited Act is hereby amended as follows, to-wit: By inserting after the word Secretary and before the word and in the second line of said Section 4, the following words: And Treasurer for said college and by inserting after the word Government, and before the word and in the third line of said Section the following words: North Georgia Agricultural College. And such local Board may in their discretion select as such Secretary and such Treasurer or either of them any suitable persons, whether members of said Board or not, and may provide for reasonable compensation for the services of such Secretary and such Treasurer not exceeding the sum of five hundred dollars per year for each, and such compensation may be paid them whether they be selected from the members of said Board or not, and by striking from the third and fourth lines of said Section the following words: And they may also select some suitable person to act as Treasurer for the College, so that said Sections as amended shall read as follows: Section 4. Said local Board may select from their number a Chairman and a Secretary and Treasurer for said College,

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and make and prescribe all necessary rules for their government; and said Board may in their discretion select as such Secretary and such Treasurer, or either of them, any suitable persons whether members of said Board or not, and may provide for reasonable compensation for the services of such Secretary and such Treasurer not exceeding the sum of five hundred dollars per year for each and such compensation may be paid them whether they be selected from the members of said Board or not. The Chairman of said local Board of Trustees shall be ex-officio a member of the Board of Trustees of the University of Georgia. Secretary. Treasurer. Compensation of each. Chairman. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. CONTRACTS OF MINORS FOR EDUCATION, VALID. No. 16. An Act to make valid and binding any contract, promissory note, written obligation, or other written evidence of indebtedness made and executed by a minor for a loan for educational purposes of any educational trust fund from the University of Georgia, or any other educational institution of this State and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, any contract,

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promissory note, written obligation or other evidence of indebtedness made and executed by a minor, or person under twenty-one years of age for a loan upon such trust fund for educational purposes to the Board of Trustees, or other legal authority, or any other educational institution of this State having a trust fund to loan for educational purposes, shall be as valid and binding as if said minor were at the time of making such contract or other obligation sui juris and otherwise capacitated to contract. Loan of Educational trust fund to minors, contract valid. Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1911. SCHOOL BUILDINGS IN CERTAIN COUNTIES, AUTHORITY TO TAX FOR REPEALED. No. 63. An Act to repeal an Act approved August 10th, 1909, entitled an Act to authorize the proper county authorities in all counties of this State having therein a city with a population of not less than fifty-four thousand (54,000) and not more than seventy-five thousand inhabitants, to raise by taxation for educational purposes a sum sufficient to pay for material which has been or may be furnished and used in the construction of any public school building, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 10th, 1909, entitled an Act to authorize the proper county authorities in all counties of this State having therein a city with a population of not less than fifty-four thousand and not more than seventy-five thousand inhabitants, to raise by taxation for educational purposes a sum sufficient to pay for material which has been or may be furnished and used in the construction of any public school building, and for other purposes, be, and the same is, hereby repealed. Authority, to tax for school bldgs. in certain counties repealed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved August 9, 1911. COUNTY SCHOOL COMMISSIONERS, EXAMINATIONS OF APPLICANTS. No. 225. An Act to provide for special examination of applicants for the office of County School Commissioners in certain cases and to provide for the expense thereby incurred, and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by, authority of same, That from and after the passage of this Act, whenever at a regular examination held for County School Commissioners as now provided by law, no applicant

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makes the required 85 per cent., then in such cases the State School Commissioner shall order a second examination, or as many more as may be necessary until some applicant who is otherwise duly qualified to hold said office shall attain the required 85 per cent. County School Commissioners; Applicants required to make 85 per cent. Sec. 2. Be it further enacted by the authority aforesaid, that in all cases where there has been for any cause no legal election for County School Commissioner at the regular biennial election, and in case of the election to this office of a candidate not qualified, then it shall be the duty of the Ordinary of such county to call a special election to fill this office and he shall fix the time for said special election not later than sixty days prior to the expiration of the term of office of the then County School Commissioner, subsequent to the examination provided by the State School Commissioner. Special elections, when and how called. Sec. 3. Be it further enacted by the authority aforesaid, That the expenses of all special elections herein provided for shall be paid out of the County Treasury as in case of general elections. Expenses of special election, how paid. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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SPECIAL ELECTIONS, QUALIFICATIONS OF VOTERS. No. 220. An Act to prescribe the qualifications of voters for special elections and the duties of Tax Collectors and the registrars with reference thereto, by amending Section 60 of the Code of 1910 and by repealing Section 61 and substituting a new Section therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 60 of the Code of 1910, Volume 1, be and the same is hereby amended by striking the words and who has not previously paid all taxes due by him in the second and third lines thereof, and, further, by striking the words Provided , that if any special election be held during the year succeeding the year of the general election within six months from the expiration of the time fixed by law for the payment of taxes the provisions of the next succeeding Section shall be followed as to registration and voting at the close of said Section, and substituting therefor the following words: Provided , that at any special election the provisions of the next succeeding Section shall be followed as to registration and voting. Special elections. Sec. 2. Be it further enacted by the authority aforesaid, That Section 61 of said Code be repealed and in lieu thereof the following Section is hereby enacted: Electors. Any person who has registered for any general election shall, if otherwise qualified to vote at any special election before the next said general election, be listed and entitled

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to vote at such special election. Within five (5) days after the call of said special election, the tax collector shall close his voters' books, and within five (5) days thereafter he shall file with the county registrars an accurate and complete list of all names signed in said voters' books since the close of the voters' books for the last general election and not before filed with said registrars for the last general election, said list to be made out and arranged as provided in Section 48. Within five days thereafter the registrars shall file with the Clerk of the Superior Court said supplemental registration list showing the names of additional voters who are entitled to vote at said special election, and any person whose name appears upon said list may vote at such special election and at any primary to nominate candidates for offices to be filled at such special election, but the registrars shall purge said list before filing it of all persons who will not be qualified to vote at said election in the same manner as preparing and purging the registration list for the general election. It shall, furthermore, be the duty of the registrars upon the call of a special election to purge the list of registered voters prepared for the last general election of any names subsequently disqualified by failure to pay taxes becoming due subsequent to the last general election, and it shall be the duty of the registrars to furnish to the managers of said special election two (2) lists, one composed of the list of voters entitled to vote by reason of their registration for the last general election, and the other made up of those entitled to vote by their subsequent registration as hereinbefore provided for, and if a primary is held for said special election, it shall be the duty of the registrars to furnish said lists also to the managers of said primary in time for use in said primary, and no one shall be entitled to vote either in said special

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election or in said primary unless his name is upon one of the lists furnished by the registrars. Voters' book closed when. County Registrars furnished lists when. Supplemental registration list furnished Clerk Superior Court. List, how purged. Two lists furnished to managers. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 19, 1911. APPOINTEES TO UNEXPIRED TERMS IN CERTAIN OFFICES, HOLD OVER. No. 60. An Act to provide that appointees to fill vacancies occurring in the office of Judge, Solicitor, Clerk or Sheriff of any court in this State for an unexpired term shall, if there is no person qualified to take the office at the end of the unexpired term, continue in office during the succeeding term, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That where any person is appointed to fill a vacancy in the office of Judge, Solicitor or Clerk of any court of this State under a law which provides that such appointee shall fill out the unexpired term, in which such vacancy occurred, if at the end of such unexpired term, the person elected to fill such office shall not be qualified to take it, or if the person elected to fill such office shall have died prior to the end of such unexpired term, or if a vacancy occurs from

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any other cause, then the person appointed to fill out such unexpired term shall continue in office during the term succeeding that in which such vacancy occurred, providing there is no other provision in law for filling such term. Appointees to unexpired terms, hold over when. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. DRUG INSPECTOR, (CHIEF), APPOINTMENT, ETC. No. 231. An Act to amend An Act amendatory of, and to more thoroughly carry into effect the provisions of an Act entitled `An Act to prevent the adulteration, misbranding and imitation of food for man and beast, or beverages, candies and condiments, or medicines, drugs, liquors, or the manufacture and sale thereof in the State of Georgia, prescribing a penalty for the violation thereof, and for other purposes, approved August 17, 1908, by changing Section 2 of said Act beginning in the ninth line thereof, by striking therefrom fifteen hundred dollars and substituting twenty-five hundred dollars, and by adding in the thirteenth line of said Section before the word and the words. To visit and inspect manufacturing establishments, chemical laboratories and such other establishments as manufacture and put up for sale such articles as are known as family remedies,

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grocers drugs, flavoring extracts, flavoring essences, toilet articles, bottlers supplies, stock powders and veterinary remedies, so that said Section when amended will read as follows: Section 1. Be it further enacted, That upon the first day of August, 1908, the Commissioner of Agriculture shall appoint upon the recommendation of the Georgia State Board of Pharmacy, a Chief Drug Inspector, and whenever in the future a vacancy may occur in this office, the appointee shall be named at the suggestion and upon the recommendation of the Georgia State Board of Pharmacy. Chief Drug Inspector, appointed how. The salary of the Chief Drug Inspector shall not exceed the sum of twenty-five hundred dollars per annum. Salary of. His whole time shall be at the disposal of the Commissioner of Agriculture and his duties shall be those already prescribed in the Food and Drugs Act of Georgia, to visit and inspect manufacturing establishments, chemical laboratories and such other establishments as manufacture and put up for sale such articles as are known as family remedies, grocers drugs, flavoring extracts, flavoring essences, toilet articles, bottlers' supplies, stock powders and veterinary remedies, and such other duties as he may be directed by the Commissioner of Agriculture to perform, and specifically the following duty recommended by the State Board of Pharmacy. Duties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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COMMERCIAL FERTILIZERS, SALE OF REGULATED. No. 253. An Act to further regulate and control the sale of commermercial fertilizers in the State of Georgia by requiring the branding or tagging upon each sack or package the source from which the available phosphoric acid, potash and nitrogen respectively is derived; to prescribe the duties and liabilities of the manufacturer, manipulators, dealers and vendors of such fertilizers; to provide a penalty for the violators of the same and to provide the rights and remedies of the purchasers thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authorits of the same, That all commercial fertilizers containing or which are designed to develop, as plant food, phosphoric acid, potash and nitrogen which are sold or offered for sale in this State, shall, in addition to the present provisions and requirements of the laws of Georgia, have plainly marked or branded, by attaching a tag upon each sack or package thereof the sources and ingredients from which the available phosphoric acid, potash and nitrogen respectively is generated and obtained. Fertilizers must be tagged showing sources and ingredients. Sec. 2. Be it further enacted by the authority aforesaid, That if any commercial fertilizer, or fertilizer material sold in this State shall prove deficient in any of its ingredients as guaranteed or branded by attaching a tag or tags upon the sacks or packages containing

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the same and if, by reason of such deficiency, the commercial value of such fertilizers shall fall more than three per cent. below the guaranteed commercial value of such fertilizers or fertilizer material, then the vendor or vendors of such commercial fertilizer or fertilizers shall be liable in damages to the purchaser or purchasers thereof in a sum of twenty-five per cent. of the purchase price plus the shortage of such commercial fertilizer or fertilizers. Vendor liable in damages, when. Sec. 3. Be it further enacted by the authority aforesaid, That any manufacturer, manipulator, dealer or vendor of commercial fertilizers in this State, who publishes by branding or by attaching a tag or tags upon the sacks or packages of fertilizer a false or incorrect analysis of the components and ingredients thereof shall be liable in law to any and every purchaser of such falsely and incorrectly branded or tagged fertilizer in a sum of twenty-five per cent. of the purchase price plus the shortage of such commercial fertilizer. False or incorrect analysis, vendors liable in damages. Sec. 4. A deficiency of more than ten per cent. below the guaranteed analysis of the fertilizers as published and branded or tagged on the sacks or packages thereof shall be held and declared by the courts of this State to constitute a false and incorrect publishing, branding or tagging within the intent, purpose and meaning of this Act. What is false branding. Sec. 5. Be it further enacted by the authority aforesaid, That this Act shall be deemed, held, and construed to be supplemental and additional to the existing laws of this State regulating and effecting the sale of commercial fertilizers, and not as conflicting with or repealing any of said

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laws. This Act shall not go into effect until January 1, 1912. This law supplements old law. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911. INSURANCE COMPANIES, (CASUALTY), REGULATION OF. No. 266. An Act to further regulate Casualty Insurance Companies, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the indebtedness for outstanding losses under insurance against loss or damage resulting from accident to or injuries suffered by an employee or other person and for which the insured is liable, and under insurance against loss from liability on account of the death of or injury to an employee not caused by the negligence of the employer, shall be determined as follows: Each corporation which writes policies covering any of said kinds of insurance shall include in the annual statement required to be filed with the Insurance Commissioner a schedule of its experience thereunder, in the United States and foreign countries in the case of corporations organized in the United States

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and in the United States only, in the case of corporations organized outside of the United States, giving each calendar year's experience separately, and crediting or charging each item to the year in which the policy to which it relates was written, as follows: (1) The earned premiums on all such policies written during the period of ten years immediately preceding the date as of which the statement is made, being the gross premiums on all such policies including excess and additional premiums and premiums in course of collection, less return premiums and premiums on canceled policies, and less the unearned premiums on policies in force as shown in such annual statement; (2) The amount of all payments of whatsoever nature made by reason or on account of injuries covered by such policies written during said period. This amount shall include medical and surgical attendance, payments to claimants, legal expenses, salaries and expenses of investigators, adjusters, and field men, rents, stationery, telegraph and telephone charges, postage, salaries and expenses of office employees, home office expenses, and all other payments made on account of such injuries, whether such payments are allotted to specific claims or are unallotted; (3) The number of suits being defended at the date as of which the statement is made under policies written during said period, except rents in which liability is not dependent upon negligence of the insured, and a charge of seven hundred and fifty dollars for each rent; (4) The number of deaths for which the insured are liable without proof of negligence, covered by policies written during said period, and not paid for at the date as of which the statement is made and a charge of the amount necessary to pay for such deaths; (5) The number of unpaid claims at the date as of which the statement is made on account of non-fatal injuries for which the insured are liable without proof of

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negligence, covered by policies written during said period and a charge equal to the present value of the estimated future payments; (6) The loss ratio determined from the foregoing as to each year separately using as the divisor the earned premiums shown in item (1) and as the dividend the amount of payments shown in item (2) plus the amounts charged in items (3), (4) and (5); (7) The number of suits being defended at the date as of which the statement is made under policies written more than ten years prior to such date, except suits in which liability is not dependent upon negligence of the insured; (8) The number of deaths for which the insured are liable without proof of negligence, covered by policies written more than ten years prior to the date as of which the statement is made, and not paid for at such date; (9) The number of unpaid claims at the date as of which the statement is made on account of non-fatal injuries for which the insured are liable without proof of negligence, covered by policies written more than ten years prior to such date. All unallotted payments in item (2) made in a given calendar year subsequent to the first four years in which a corporation has been issuing policies shall be distributed as follows: thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, ten per centum to the policies written in the second year preceding, ten per centum to the policies written in the third year preceding and five per centum to the policies written in the fourth year preceding, and such payments made in the first four calendar years in which a corporation has been issuing such policies shall be distributed as follows: in the first calendar year one hundred per centum shall be charged to the policies written in that year, in the second calendar year fifty per centum shall be charged to the policies written in that

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year and fifty per centum to the policies written in the preceding year, in the third calendar year forty per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, and twenty per centum to the policies written in the second year preceding, and in the fourth calendar year thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, fifteen per centum to the policies written in the second year preceding and ten per centum to the policies written in the third year preceding, and a schedule showing such distribution shall be included in such annual statement. Each such corporation shall be charged with indebtedness for outstanding losses upon such policies determined as follows: (10) for all suits being defended under policies written more than ten years prior to the date of which the statement is made, except suits in which liability is not dependent upon negligence of the insured, one thousand dollars for each suit; (11) for all suits being defended under policies written more than five years and less than ten years prior to the date as of which the statement is made, except suits in which liability is not dependent upon negligence of the insured, seven hundred and fifty dollars for each suit; (12) for all deaths for which the insured are liable without proof of negligence, covered by policies written more than five years prior to the date as of which the statement is made, the amount necessary to pay for such deaths; (13) for all unpaid claims on account of non-fatal injuries for which the insured are liable without proof of negligence under policies written more than five years prior to the date as of which the statement is made, the present value of the estimated future payments; (14) For the policies written in the five years immediately preceding the date as of which the statement is made an amount determined

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as follows: multiply the earned premiums of each of such five years as shown in item (1) by the loss ratio ascertained as in item (6) on all the policies written in the first five years of the said ten-year period using as the divisor the sum of the earned premiums shown in item (1) for such first five years, and as the dividend the sum of the payments shown in item (2) for such first year plus the sum of the charges in items (3), (4) and (5) for such first five years, but the ratio to be used shall in no event be less than fifty per centum at and after December 31, 1911, nor less than fifty-one per centum at and after December 31, 1912, nor less than fifty-two per centum at and after December 31, 1913, nor less than fifty-three per centum at and after December 31, 1914, nor less than fifty-four per centum at and after December 31, 1915, nor less than fifty-five per centum at and after December 31, 1916, and from the amount so ascertained in each of the last five years of said ten-year period deduct all payments made under policies written in the corresponding year as shown in item (2), and the remainder in the case of each year shall be deemed the indebtedness for that year; provided, however , that if the remainder in the case of any year of the first three years of the five years immediately preceding the date as of which the statement is made shall be less than the sum of the three following items for that year at that date(a) the number of suits, except suits in which liability is not dependent upon negligence of the insured, being defended under policies written in that year and a charge of seven hundred and fifty dollars for each suit; (b) the amount necessary to pay for all deaths for which the insured are liable without proof of negligence; covered by policies written in that year, and (c) the present value of estimated unpaid claims on account of non-fatal injuries for which the insured are liable without proof of negligence,

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covered by policies written in that yearthen the sum of said items (a), (b) and (c) shall be the indebtedness for that year. A corporation which has been issuing such policies for a period of less than ten years shall nevertheless include in its annual statement, a schedule as herein-before required for the years in which it shall have issued such policies, and shall be charged with an indebtedness determined in the same manner, but in determining the indebtedness for policies written in the five years immediately preceding the date as of which the statement is made, the minimum ratios hereinbefore prescribed shall be used subject to the same deductions, and provisions as in the case of corporations that have been issuing such policies for ten years or more. Casualty insurance, regulated. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911. NAME OF ASSAULTED FEMALE, PUBLICATION OF PROHIBITED. No. 278. An Act to prohibit the printing or publication of the name or identity of any female alleged to have been raped, or upon whom an assault with intent to rape may have been made, and providing penalty for the violation thereof.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any newspaper publisher, or any other person to print and publish, or cause to be printed and published in any newspaper, magazine, periodical or any other publication published in the State of Georgia the name or identity of any female who may have been raped, or upon whom an assault with intent to commit rape may have been made. Assaulted female, unlawful to publish name of. Sec. 2. Be it further enacted by the authority aforesaid, That any person or corporation violating the provisions of this Act shall, upon conviction, be punished as prescribed in Section 1065 of the Penal Code, 1910. Punishment for violation. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. EVIDENCE IN CASES FOR VIOLATION OF PROHIBITION LAW. No. 272. An Act to make it prima facie evidence of guilt for any person or corporation to be in possession of, to make application for, or to have issued to such person or corporation a United States Internal Revenue special tax receipt as required by Section 3239 of the revised

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Statutes of the United States, to retail or wholesale spirituous malt or intoxicating liquors in the State of Georgia on any trial in this State to abate or enjoin a blind tiger as a nuisance or on any prosecution in any of the Courts of this State for a violation of any of the Statutes against the sale of spirituous malt or intoxicating liquors in the State of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that in any trial in any of the Courts of this State to abate or enjoin any blind tiger as a nuisance or in any prosecution of any person or persons or corporation for any violation of the Statutes of this State in regard to the sale of spirituous malt or intoxicating liquors any application for the internal revenue special tax receipt of the United States as required by Section 3239 of the revised Statutes of the United States or any internal revenue special tax receipt as required by said Section of said revised Statutes from the United States authorities for retail or wholesale of spirituous malt or intoxicating liquors in the State of Georgia shall be made, and the same is hereby made prima facie evidence of guilt, and shall be sufficient to charge the onus or burden of proof on the defendant in any of such cases. Provided , that nothing in this Act shall apply to regularly licensed retail or wholesale druggists who, under the prohibition Act of August 6, 1907, are allowed to sell alcohol. Application for or holding Internal revenue special tax receipt prima facie evidence of violation of prohibition law. Druggists excepted. Sec. 2. Be it further enacted by the authority aforesaid, That any and all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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BAGGING AND TIES, DEDUCTION OF WEIGHT FROM WEIGHT OF COTTON PROHIBITED. No. 242. An Act in relation to deduction from weights or price of cotton for bagging and ties. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the approval of this Act, it shall be unlawful for any person, firm or corporation engaged in the business of buying cotton in this State, as principal or agent, to deduct any sum for bagging and ties from the weight or price of any bale of cotton when the weight of the bagging and ties does not exceed six per cent. of the gross weight of such bale of cotton. In the event that the weight of the bagging and ties exceed six per cent. of the gross weight of such bale of cotton, only the excess over the said six per cent. may be deducted. Deduction of weight of bagging and ties prohibited. Sec. 2. For each and every violation of this Act the offender shall be guilty of a misdemeanor and shall be fined in the sum of not less than twenty-five dollars, nor more than fifty dollars, or imprisoned not less than fifteen days, nor more than thirty days. Provided , this Act shall not apply to what is known in the trade as round bales, and bales of cotton which weigh less than three hundred pounds. Punishment for violation. Sec. 3. Be it further enacted, That all laws or parts thereof in conflict with this Act are hereby repealed. Approved August 19, 1911.

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COUNTY LINES, CHANGE OF BETWEEN CERTAIN COUNTIES. No. 123. An Act to provide for the change of county lines between the counties of this State having a population of not less than sixteen thousand, four hundred and twenty-two and not more than sixteen thousand, four hundred and twenty-four, and counties having a population of not less than nineteen thousand, one hundred and forty-six and not more than nineteen thousand, one hundred and forty-eight, according to the census of the U. S. Government, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That in all counties in this State having a population of not less than sixteen thousand, four hundred and twenty-two and not more than sixteen thousand, four hundred and twenty-four, and in all counties having a population of not less than nineteen thousand, one hundred and forty-six and not more than nineteen thousand, one hundred and forty-eight, according to the last Census of the U. S. Government, the existing county lines between such counties may be changed in the following manner: The persons desiring such change shall file in the office of the Ordinary of the county from which the territory is proposed to be taken, a petition in writing signed by a majority of the freeholders residing in the territory to be affected, which said petition shall be accompanied by a map clearly showing the proposed change of lines, and the land lots or fractions thereof embraced therein. County lines in certin counties, petition to change. Must be accompanied by map.

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Sec. 2. Be it further enacted by the authority aforesaid, That said Ordinary shall immediately upon the filing of said petition, order an election in the manner provided by law for the calling of a special election to fill a vacancy in a county office for the purpose of determining whether or not said county lines shall be changed. Said election to be held at the usual election precinct or precincts, in said affected territory under the same rules and regulations as may be provided by law for election of members of the General Assembly, and all persons residing within said affected territory who are qualified to vote for members of the General Assembly shall be entitled to participate therein. Election, how held. Each person voting in said election shall have plainly written or printed on his ballot For Annexation or Against Annexation, and the managers of said election shall certify the returns thereof to the Ordinary; and if it shall appear that two-thirds of those participating in said election shall have voted For Annexation, he shall declare the result of said election in accordance therewith, record the entire proceedings in his office, and immediately transmit a certified copy of the entire proceedings to the Ordinary of the county to which the new territory is proposed to be annexed. Ballots. Returns. Two-thirds vote of those participating required. Sec. 3. Be it further enacted by the authority aforesaid, That the Ordinary of the county to which said territory is proposed to be attached shall present the entire proceedings to the grand jury at the next succeeding term of the Superior Court to be held for said county, and if said grand jury shall, in their general presentments so recommend, said Ordinary shall pass an order declaring the new lines as marked out in the original petition to be established

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line or lines in lieu of the original line or lines and shall enter the entire proceedings with his order upon the records of his office and cause said order to be published once a week for four weeks in a newspaper published in each county affected by the change. Recommendation of grand jury required. Sec. 4. Be it further enacted by the authority aforesaid, That the entire expense incurred in such proceeding shall be taxed against the original signers of said petition and the Ordinary of the county of their residence shall have authority to include a judgment for such costs or expense against said petitioners in his final order. Expense, who shall pay. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. SAWDUST, FLOATING INTO STREAMS, PROHIBITED. No. 261. An Act to prohibit the floating of sawdust into any of the streams of this State, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful to float sawdust into any of the streams of this State. Floating of sawdust into streams prohibited.

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Sec. 2. Be it further enacted, That any person or persons or corporations violating the provisions of Section one of this Act shall be punished as for a misdemeanor. Punishment for violation. Sec. 3. Be it further enacted, That this Act shall not go into effect in any county until it has been recommended by two grand juries of the county. Effective when. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. SALARIES OF CERTAIN OFFICERS FIXED. No. 302. An Act to fix the salaries of the clerk of the Superior Court, and Clerk of City Courts or other Courts served by Clerk of the Superior Court, Ordinary, Sheriff, Tax Collector, Tax Receiver, Solicitors of Superior and City Courts, and Solicitors of Criminal and County Courts, in each and every county in the State having therein a population of more than one hundred thousand inhabitants, and to authorize the Commissioners of Roads and Revenues in such counties to employ such assistance and prescribe such clerical regulations as may be deemed necessary by them in order to carry this Act into effect, and to provide for feeding prisoners, and to provide for payment for such officers and for the payment into the general fund of the county treasury of all surplus revenue

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derived from each of said officers, after paying such compensation and the reasonable expenses of said several officers in carrying out their duty now provided or may be provided by law, and providing for an auditor of their accounts and for collection of unpaid fees and charges by County Attorney, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the 31st of December, 1912, in each and every county in this State having therein a population of more than one hundred thousand inhabitants, as shown by the Federal census of 1910 or future census, the Clerk of the Superior Court shall receive a salary of five thousand dollars a year, which shall be in full for his services as such Clerk and for services as Clerk of the City Courts or other Courts served by him; the Ordinary, a salary of five thousand dollars a year, the Sheriff a salary of five thousand dollars a year, the Tax Collector a salary of five thousand dollars a year, the Tax Receiver a salary of four thousand dollars a year, the Solicitor of the Superior Court and the Solicitor of the City Court, and Solicitors of criminal and of County Courts, not exceeding five thousand dollars each from the fees and other revenues of their office; provided , the Solicitor of the Superior Court shall, in addition to said sum, receive the fixed salary of two hundred and fifty dollars prescribed by the Constitution. Said salaries shall be in lieu of all fees, costs, forfeitures, penalties, percentages, allowances and all other perquisites of whatever kind which any of the officials herein named may collect and receive. Said officers shall serve all courts and perform the same service as now provided by law for compensation above named. Certain Officers, salaries of fixed in counties having cities of more than 100,000. Salaries to be in lieu of fees.

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Sec. 2. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind, which are now or may hereafter be allowed by law to be collected or received as compensation for services by any officer herein named, shall be received and collected by all of said officers and each of them for the sole use of the county in which they are elected, and shall be held as public moneys belonging to said county and accounted for and paid over to said county in the manner hereinafter provided, and it shall be the duty of said several officers to diligently and faithfully collect same and on the first and fifteenth day of each month, (or on second and sixteenth where the first and fifteenth falls on Sunday) to pay the same in full to the county Treasury, at which times they shall file with the Treasurer a detailed itemized statement thereof, made under oath, showing the sources or cause on account of which the same were collected. Said moneys shall be kept in separate funds by the county Treasurer and credited to the office collecting and paying over same. Fees, costs, etc., to be collected by officers for use of county. Reports, when made. Funds kept separate. Sec. 3. Whenever it shall appear from the books, kept by the officers herein named, that there is due the offices or the county, for a period of six months, any fees, costs, percentages, penalties, forfeitures of bonds, or allowances of whatever kind, and same are unpaid, it shall be the duty of the County Commissioners in conjunction with the County Attorney and Auditor herein provided for, to enforce the collection of the same in any manner now provided by law, and to pay the amounts so collected to the county Treasury and there placed to the credit of the proper officers as herein provided. Fees, costs, etc., six months past due, how collected. Sec. 4. If either the Clerk of the Superior Court and ex-officio Clerk of the City Court, Ordinary, Sheriff, Tax

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Collector, Tax Receiver, the Solicitor of the Superior Court and the Solicitor of the of the City Court and solicitors of criminal and County Courts shall not have received the full amount of his salary as provided in this Act for any year of his term, but shall, during such year, have earned fees payable to his office in an amount equal to the aggregate of his salary and the compensation paid for that year to his deputies, assistants, bookkeepers, clerks and other employees, he shall be entitled to receive from the proper fee fund, on the allowance of the County Commissioners, an amount equal to the difference between his salary for such year paid to him during his incumbency and the salary for that year, as herein fixed, whenever that amount is collected by any successor to him in office from the unpaid fees earned during said year; or if the entire difference be not collected, then he shall receive such part of the same as may be so collected. Deficiences in salaries, how made up. Sec. 5. On or before November 20, 1912, each of the aforesaid officers, who shall have been elected and whose term begins January 1st, 1913, shall prepare and file with the Commissioners of Roads and Revenues a detailed statement of the number of assistants needed and the amount necessary to expend for deputies, assistants, bookkeepers, clerks and other employees of their respective offices, for the year 1913, and on or before th 20th of November of each year thereafter shall file a like statement showing in detail the requirements of their offices for the year beginning January 1st thereafter. The Commissioners of Roads and Revenues shall not later than the 10th day of December, after the filing of said statement, take up and consider the same, and shall fix an aggregate sum to be expended for the period covered by said statement as

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compensation for all such deputies, assistants, bookkeepers, clerks, or employees of said respective officers, which sum shall be reasonable, regard being had to the amount of labor necessary to be performed by those to receive the same, and enter upon their journal a finding of their said action, and insert same, one time, in one or more of the daily papers in said county. Officers must notify Road Commissioners as to assistants needed, and amount necessary to be expended. Commissioners of Roads and Revenues fix sum to be expended for deputies, etc. Sec. 6. The Commissioners of Roads and Revenues shall have power to summon witnesses and to administer an oath to them and have them testify as to the amount of labor and number of the employees necessary to do the work in the several offices herein named. Commissioners vested with power to summon witnesses as to necessary help. Sec. 7. The officers herein named shall appoint and employ such deputies, assistants, clerks, bookkeepers or other employees as are allowed by order of the Commissioners of Roads and Revenues as above provided, and discharge them and fix their compensation, provided same shall not exceed the sums named by said Commissioners, and shall file with the County Auditor a report of such actions; the compensation of all deputies, assistants, bookkeepers, clerks, and other employees, duly appointed or employed, after being so fixed, shall be paid monthly to those entitled to same, out of the fee fund or funds by the county Treasury, upon the warrant of the Commissioners of Roads and Revenues and countersigned by the County Auditor. The salaries so named by the officers shall be published within ten days after they are fixed at least once in one or more of the daily papers in said county. Compensation of assistants, etc. Sec. 8. No officer, deputy, assistant, clerk, bookkeeper, or other employee shall receive, or be paid directly or indirectly, any part of the compensation of any officer, deputy,

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assistant, clerk, bookkeeper or other officers or employees, or any fee or reward for appointing him to such position. Any violation of the provisions of this Section shall be a misdemeanor and punished as provided in Section 1065 of criminal Code of 1910. Payment for any appointment prohibited. Sec. 9. Each of the officers herein named shall keep full and regular accounts, under the direction of the County Auditor, in accordance with regulations established by the Commissioners of Roads and Revenues, subject at all times to the examination of the Commissioners of Roads and Revenues, County Auditor, grand juries, or any other person authorized by law to make such examination, or of any other citizen asking the privilege to do so, as to all sums charged or collected by said officers on account of fees, costs, percentages, penalties, allowances, forfeiture of bonds, or other perquisites of whatever kind, and said books or accounts shall be a part of the records of the respective offices named herein, and belong to the county, and shall be transmitted by each county or State officer to his successor in office. Accounts of all officers. Sec. 10. As soon after the passage of this Act as the aggregate compensation of the officers, deputies, assistants, bookkeepers, clerks, and employes of the various officers is fixed by the Commissioners as provided in Section five, and each year thereafter during the first week of January, April, July and October, whenever necessary, the said Commissioners of Roads and Revenues shall enter an order on their journal transferring the funds received from any of said officers to the funds of other of said officers, in their discretion, in such sums as may be necessary to make good any deficiencies in any of said fee funds, deemed probable

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during the next ensuing quarter, by reason of the payment of the respective officers, deputies, assistants, bookkeepers, clerks or other employees during such period from the amount then in, or estimated to come into said funds for said period, derived from said respective officers, but the County Auditor and County Treasurer shall keep a detailed account of all such transactions. And at the end of any quarter, as fixed herein, the Board of Commissioners of Roads and Revenues shall transfer from the funds received from one or more of said officers to one or more thereof any amount derived from any of the aforesaid officers, in excess of what is considered necessary to pay the salary and compensation of such respective officer and his deputies, assistants, bookkeepers, clerks, or employees, for the next ensuing quarter; and in case any transfer of moneys shall have been theretofore made of said fee funds, the fund from which they were taken shall be fully reimbursed, and thereafter, or where no such previous transfer has been made, all surplus funds shall be taken from the funds derived as above provided, and placed to the credit of the general fund of the county. Such transfer shall be made upon the authority of this Act alone. Duties of Auditor and Commissioners in relation to accounts of officers. Sec. 11. The officers, deputies, assistants, clerks, bookkeepers and other employees of each of the officers herein named shall be paid upon the warrant of the Commissioners of Roads and Revenues and countersigned by the County Auditor, out of the fees, costs, percentages, penalties, allowances, forfeitures of bonds, and all other perquisites of sums of whatever kind collected and paid into the county Treasury, or transferred as hereinbefore provided, and credited by said Treasurer to the fund received from each of said officers. Payment of officers, etc.

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Sec. 12. Before Commissioners of Roads and Revenues and the Auditor issues a warrant upon the County Treasurer to any deputy, assistant, clerk, bookkeeper, or other employee for his compensation, such person shall sign a receipt which will be in the following form: No...... Date...... Received of the (here recite the county or officer as the case may be) by (here insert the name of the party receiving the compensation).....dollars, in full for services as (here insert services) for.....ending.....19...... I hereby certify that I have rendered the services as herein stated, and that I have received the full sum set forth in the above receipt for my own use and benefit, and that I have not deposited or assigned, nor contracted to pay, deposit or assign, any part of such compensation for the use of any other person, or in any way directly or indirectly paid or given, nor contracted to pay or give, any reward or compensation for such position or the emolument thereof. Receipts of officers. ..... Name of party receiving money. Said receipt shall be preserved and filed by the County Auditor. Sec. 13. The Sheriff shall be responsible for the safe keeping and transporting of persons to and from the jail accused or convicted of crimes, and he and his deputies as now provided by law, shall be the custodians of the jail by which they may carry out the provisions of this Section, and the Commissioners of Roads and Revenues shall cause to be paid such salaries or expenses as are actually incurred in carrying out his duty as now provided by law. Duties and compensation of Sheriff and Deputies. Sec. 14. The Sheriff shall not be required to feed nor allowed to receive compensation for feeding prisoners, but

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the dieting of prisoners shall be done under regulations provided by the Commissioners of Roads and Revenues, and at the expense of the county, and the Auditor shall keep a separate account covering this item of county expense and shall at the end of each year make an estimate as to the probable amount which would have been paid out under the previous system less the amount of the maintenance paid by the county under the Act, and publish the same as provided in this Act. Feed of prisoners. Sec. 15. Nothing in this Act shall be so construed as to make any county, or any officer thereof, liable to any of the officers named herein or their deputies, assistants, clerks, bookkeepers, or other employees for the payment of any compensation in excess of amount herein authorized or except in the manner herein provided. Liability of officers. Sec. 16. None of the county officers named in this Act shall be authorized to make any reduction, abatement, or remission of any fees, costs, percentages, penalties, allowances or perquisites of any kind which it is their duty to charge and collect as required by law, unless the same be allowed by a court of record upon proper showing made therefor. Fees of officers. Sec. 17. Whenever any officer who is required, as aforesaid, to file a report, and to pay over money to the county Treasury, shall neglect or refuse to make such report, or wilfully violate any of the provisions of this Act, except the officers already provided for in Section eight, he shall be guilty of a misdemeanor, and on conviction, be punished as prescribed in Section 1065 of criminal Code of 1910, and such conviction shall work immediate forfeiture of his office. Reports of officers.

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For the payment of such fine and for any amount due as above provided from an officer, the sureties of such an officer shall be liable upon their bond, and the prosecuting attorney of any such county shall collect, in the name of the county, from the Clerk of the Superior Court, Ordinary, Sheriff, Tax Collector, Tax Receiver, and the City Solicitor shall collect from the Solicitor of the Superior Court, Solicitors of criminal and of County Courts, from the sureties on their bonds respectively any and all such penalties and money so due from said officer as above provided, and pay the same over to the County Treasurer, for the use of said county. In case the attorney fails, upon the written request of the Commissioners of Roads and Revenues, for the period of ten days, after such written request, to institute proceedings to collect same and thereafter faithfully prosecute same, then it shall be lawful for the Commissioner of Roads and Revenues to employ an attorney and allow him a reasonable compensation for service so rendered, to be paid out of the fee fund. Liability of sureties on bonds of officers. Sec. 18. The Commissioners of Roads and Revenues shall, on or before November 1, 1912, elect a County Auditor for a term of two years beginning November 1, 1912, at a salary not to exceed three thousand dollars per year. And he shall give bond satisfactory to the Commissioners of Roads and Revenues and, upon his failure to perform such service to the county, the Commissioners of Roads and Revenues may discharge him and his term shall then end and they shall then elect a successor for the unexpired term. Said Auditor shall also be at the service of the grand jury of the county, and on their request render such service as they may desire without additional compensation. This salary to be paid out of the fee fund. Auditor, election of, etc.

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Sec. 19. It shall be within the power of the Board of Commissioners of Roads and Revenues of each county to require the County Auditor to examine into and audit all reports and keep all accounts necessary, under the provisions of this Act, or any other work in their office, and the said Commissioners of Roads and Revenues, through the County Auditor, shall prescribe how all reports shall be made and all financial accounts shall be kept by the officers herein named and as required by the provisions of this Act, and to provide all necessary books, blanks, vouchers, and all other papers necessary to carry out the provisions of this Act. And said Commissioners of Roads and Revenues shall make, from time to time, all needful rules and regulations as to how, and in what manner and form said accounts shall be kept, and payments made or vouchers provided, when not in conflict with this Act. Duties of Auditor. Sec. 20. On or before the first of December, 1912, the County Auditor, in conjunction with the Clerk of the Commissioners of Roads and Revenues, shall make up a detailed report for one year previous to the date this Act goes into effect, showing the actual amount of money paid by the county and State to each of the several officers herein named for any service or for extra help in carrying on the work in their respective offices, and the Auditor shall place a record of same on his books and the Commissioners of Roads and Revenues shall cause to be allowed the several officers' funds credit for the same class of expenses as would have been expended, under previous Acts or action of the Commissioners of Roads and Revenues, and due credit given in the published reports as herein provided, shall be properly allowed. Annual report of Auditor.

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Sec. 21. The Commissioners of Roads and Revenues may, with the consent of any of the officers herein named, require any officer or employee employed by the county to assist any other officer in carrying on the work in their department, when it appears by such action there will be a saving to the county or will secure for said person or persons regular employment for the year. Officers to assist each other. Sec. 22. The Auditor shall keep a separate account with each of the officers herein named, each under the head of Fee Fund, and shall keep a record of all money paid to the County Treasurer or paid out by said Treasurer under this Act, and the county officers herein named shall render a bill for services rendered to the county which has heretofore been paid to said officers for themselves or their deputies, clerks, or assistants for and during the year 1912, which shall be kept on file by the County Auditor, subject to inspection by the public. Duties of Auditor. Sec. 23. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 22, 1911. JAIL EMPLOYEES, COMPENSATION OF IN CERTAIN COUNTIES No. 146. An Act to fix the compensation of guards, turnkeys and other employees in and about the jails in counties now having or which may hereafter have therein a city containing

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a population of not less than sixty-five thousand and not more than one hundred thousand, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That in the counties of this State containing a city which now has or may hereafter have a population of not less than sixty-five thousand nor more than one hundred thousand inhabitants, the turnkeys and guards that are employed in and about the jails in said counties shall receive a compensation of eighty-five. ($85.00) dollars per month; provided, however , that this provision shall not apply to the deputy jailer and shall not go into effect until January 1, 1912. Compensation of jail employees in certain counties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. STATE BANK EXAMINER, STENOGRAPHER'S SALARY. No. 152. An Act to increase the salary of the Stenographer to the State Bank Examiner, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act the

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salary of the Stenographer to the State Bank Examiner shall be eighteen hundred dollars per annum. State Bank Examiner; salary of Stengrapher. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. COMPENSATION OF OFFICERS OF COURT IN CERTAIN COUNTIES. No. 206. An Act to regulate the compensation of court officers in counties having therein a city with a population of not less than sixty-five thousand nor more than one hundred thousand, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Deputy Sheriffs and Bailiffs in counties having therein a city of not less than sixty-five thousand nor more than one hundred thousand inhabitants, the Deputy Sheriffs and Bailiffs of the Superior and City Court of said counties shall be paid a salary of one hundred dollars per month, to be paid out of the County Treasury as other expenses are paid. Compensation of Deputy Sheriffs and Bailiffs in certain counties. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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STENOGRAPHERS OF JUDICIAL CIRCUITS, SALARIES OF. No. 203. An Act to regulate the salaries of Stenographic Reporters of all the Judicial Circuits of this State having or that may hereafter have, therein a city with a population of not less than 65,000 nor more than 100,000 inhabitants, and for other purposes. Section 1. Be it enacted, That from and after January 1st, 1912, the compensation of the Stenographic Reporter in all the Judicial Circuits which are now, or may hereafter be established in this State, having therein a city with a population of not less than 65,000 nor more than 100,000 inhabitants, shall be the sum of two hundred dollars per month, such compensation to be in full for all services of any kind properly chargeable to the counties in which said cities are located and to be paid out of the Treasury of such counties as other court expenses are paid. Compensation of Stenographers of certain jucial circuits. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. CEMETERIES, ETC., (RURAL), ESTABLISHMENT OF. No. 144. An Act to provide that in all cases where it is now unlawful to establish cemeteries, sanatoriums, hospitals and other similar institutions in the rural territory of any county

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without the permission of the county authorities, it shall be likewise unlawful to establish any such institution in any adjoining county without the consent of the officer or officers in charge of the county business of such adjoining county; and to provide penalties and means of enforcement hereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in all cases where it is now provided by the operation of existing laws that cemeteries, sanatoriums, and hospitals and similar institutions can not be established in the rural territory of any county without the permission of the Board of County Commissioners or Ordinary of such county, it shall be likewise unlawful to establish any such cemetery, sanatorium, hospital or other similar institution in any adjoining county without the permission of the Ordinary or other person or persons in charge of county business of such adjoining county. Cemeteries, etc., (rural) establishment of. Sec. 2. Be it further enacted, That in all cases coming within the provisions of this Act, the county authorities aforesaid may impose such conditions on the permission granted as they may deem necessary for the public good. Sec. 3. Any person or persons establishing such cemetery or other institution in any such adjoining county without first obtaining such permission, shall be guilty of a misdemeanor, and the said cemetery or other institution shall be held and deemed a nuisance and may be abated as such. Sec. 4. All conflicting laws are hereby repealed. Approved August 21, 1911.

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Part IILOCAL LAWS TITLE I.CITY AND COUNTY COURTS TITLE II.MISCELLANEOUS

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TITLE I. CITY AND COUNTY COURTS. ACTS. Abbeville, City Court of, Act Creating Amended. Ashburn, City Court of, Act Creating Amended. Bainbridge, City Court of, Act Creating Amended. Baxley, City Court of, Act Creating Amended. Blackshear, City Court of, Established. Blakely, City Court of, Act Creating Amended. Buford, City Court of, Act Creating Amended. Clark County, City Court of, Act Creating Amended. Columbus, City Court of, Election of Judge and Solictor, Etc. Cordele, City Court of, Election to Abolish. Covington, City Court of, Abolished. Dawson, City Court of, Act creating Amended. Ellaville, City Court of, Act Creating Amended. Franklin, City Court of, Abolished. Hall County, City Court of, Act Creating Amended. Hartwell, City Court of, Abolished. Hazlehurst, City Court of, Abolished. Jackson, City Court of, Established. Leesburg, City Court of, Act Creating Amended. Louisville, City Court of, Established. McRae, City Court of, Act Creating Amended. Madison, City Court of, Act Creating Amended. Millen, City Court of, Abolished. Millen, City Court of, Established. Moultrie, City Court of, Abolished. Nashville, City Court of, Act Creating Amended. Pembroke, City Court of, Created. Quitman, City Court of, Abolished. Quitman, City Court of, Established. Richmond County, City Court of, Act Creating Amended. Springfield, City Court of, Act Creating Amended. Statesboro, City Court of, Act Creating Amended. Swainsboro, City Court of, Act Creating Amended. Swainsboro, City Court of, Act Creating Amended. Swainsboro, City Court of, Act Creating Amended. Swainsboro, City Court of, Act Creating Amended. Sylvester, City Court of, Abolished. Waycross, City Court of, Terms of. Washington, City Court of, Abolished. Waycross, City Court of, Act Creating Amended. Wrightsville, City Court of, Abolished. Bryan County, County Court of, Abolished. Charlton County, County Court of, Abolished. Echols County, County Court of, Election of Judge, Etc. Jefferson County, County Court of, Abolished. Pierce County, County Court of, Abolished. Wayne County, County Court Law As to, Amended.

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ABBEVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 109. An Act to amend an Act entitled an Act to establish the City Court of Abbeville, in and for the County of Wilcox, approved August 16, 1909, being numbered 254 of Georgia Laws of 1909, so as to allow the Judge of said Court to practice law in Wilcox county, except in misdemeanor cases. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section eight of said Act be amended by striking out at the end of said Section the words in Wilcox county, and inserting in lieu thereof the words in misdemeanor cases in Wilcox county, so that said Section, when so amended, shall read: Section Eight. Be it further enacted by the authority aforesaid, That Section one (1) of an Act, amendatory of the Act creating the City Court of Abbeville, approved August 22, 1907, amended by striking out at the end of said Section one (1) the words `in said City Court of Abbeville' and inserting in lieu thereof the words `in misdemeanor cases in Wilcox county.' City Court of Abbeville; misdemeanor cases. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911.

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ASHBURN, CITY COURT OF, ACT CREATING AMENDED. No. 47. An Act to amend an Act to establish the City Court of Ashburn, in the county of Turner, found on page 150 of the Acts of 1906, and the Act amendatory thereof approved August 17th, 1908, in reference to the compensation of the Solicitor of the City Court of Ashburn and the disposition made of the money arising from fines and forfeitures in said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section four of the Act of the General Assembly of 1908 amending the Act creating the City Court of Ashburn, found on page 112 of the Acts of the General Assembly of 1908, which reads as follows: Section 4. Be it further enacted by the authority aforesaid, That the Solicitor of said Court shall receive a salary in the sum of nine hundred dollars per annum in lieu of all the compensation except such compensation as he is at present allowed for representing the State in the Appellate Courts of this State. That all fines and forfeitures accruing to the Solicitor in said Court under the original Act be turned over to the Treasurer of the County, be stricken and insert in lieu thereof as follows: Section 4. Be it further enacted by the authority aforesaid, That the Solicitor of said Court shall receive a salary of six hundred dollars per annum in lieu of all compensation except such compensation as he is at present allowed for representing the State in the Appellate Courts of this State. That all fines and

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forfeitures accruing to the Solicitor in said Court under the original Act be turned over to the Board of County Commissioners in said county, and that settlement be made by the various officers of the City Court with the Board of County Commissioners monthly at the regular time for holding the meetings of the Board of County Commissioners in each month. City Court of Ashburn; Solicitor, fees of, etc. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. BAINBRIDGE, CITY COURT OF, ACT CREATING AMENDED. No. 6. An Act to amend an Act entitled An Act to establish the City Court of Bainbridge, in the City of Bainbridge, in and for the county of Decatur; to define its jurisdiction and power; to provide for the appointment of a Judge and other officers thereof; to define the powers of Judges and officers thereof, and for other purposes, approved November 27th, 1900. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 13, line three, page 108, of said Act be amended by striking therefrom the word First and inserting in lieu thereof the word Third,

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so that when so amended, said sentence shall read That the regular terms of the City Court of Bainbridge shall be held quarterly, beginning on the third Monday in March, June, September and December of each year. City Court of Bainbridge. Terms of Court. Sec. 2. Be it further enacted, That the provisions of this amendment as to the increase of the salary of the Judge of said Court shall become effective on and after December 1st, 1912; and that the provisions of the amendment as to the change of the time of the terms of said Court shall become effective on and after the passage of this Act. Sec. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911. Note.This copy has been compared with the enrolled Act which contains no provision to Judge's salary.Compiler. BAXLEY, CITY COURT OF, ACT CREATING AMENDED. No. 121. An Act to amend an Act approved December 1st, 1897, entitled an Act to establish the City Court of Baxley, in Appling County; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, and the several Acts amendatory thereof, so

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as to change the time for holding the regular terms of the City Court of Baxley. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 1st, 1897, entitled An Act to establish the City Court of Baxley, in Appling county, to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, as amended, be, and the same is hereby, amended by striking from Section eleven of said Act, as amended, the words January, April, July and October and inserting in lieu thereof the words February, May, August and November, so that said Section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That the regular terms of said City Court of Baxley shall be held on the first Monday in February, May, August and November of each year. The Judge shall have power to hold said Court in session from day to day for a period of not longer than four weeks from the beginning of each term. City Court of Baxley. Terms of. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. BLACKSHEAR, CITY COURT OF ESTABLISHED. No. 83. An Act to establish the City Court of Blackshear, in and for the county of Pierce; to define its jurisdiction, to

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provide for the appointment of a Judge, Solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said City Court to the Court of Appeals by bill of exception or writ of error, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the City Court of Blackshear, to be located in the City of Blackshear, in the county of Pierce, is hereby established and created, with civil and criminal jurisdiction over the whole county of Pierce, concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction, to try and dispose of all offenses below the grade of felony committed in the county of Pierce; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all kinds of suits and proceedings which now or hereafter may be in use in the Superior Court either under the common law or Statute, including among others, attachments and garnishment proceedings, illegalities, counter affidavits to any proceedings from said Court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages. City Court of Blackshear, established. Jurisdiction. Sec. 2. Be it enacted by the authority aforesaid, That there shall be a Judge of said City Court who shall be appointed by the Governor, by and with the consent of the Senate, who shall hold his office for a term of four years from the date of the approval of this Act by the Governor

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or until his successor is elected and qualified. Provided , that at the regular election held for the election of members of the General Assembly, immediately preceding the expiration of the term of office of the appointee to said office made by the Governor under the provisions of this Section, a Judge shall be elected by the qualified voters of Pierce county, in the same manner as county officers are now or may hereafter be elected, for a term of four years and until his successor is elected and qualified, and thereafter the term of office of said Judge shall be four years and he shall be elected by the qualified voters of Pierce county every four years from said first election under the provisions of this Section, at the same time and in the same manner as other county officers of Pierce county are elected, and shall be commissioned by the Governor as other county officers are commissioned, except that he shall be commissioned for a term of four years. Should there be a vacancy in said office of Judge from any cause whatsoever, the said vacancy shall be filled in the same manner as vacancies in the office of Judge of the Superior Court are now filled. The Judge of said City Court shall receive a salary of one thousand dollars per annum, which shall not be increased or diminished during his term of office and shall be paid monthly by the treasurer of said county of Pierce on the order of the Ordinary, Commissioners of Roads and Revenues, or other person charged by law with the paying out of money of the county of Pierce, and it shall be the duty of such persons to make provision annually by levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any Court except his own. Judge, appointment. etc. Sec. 3. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of said judgeship

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unless he shall be at the time of his qualification at least twenty-nine years of age and a resident of Pierce county for four years immediately preceding his appointment, and must have been a practicing attorney at law for five years before his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear, that I will administer justice without respect to persons and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the City Court of Blackshear, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Qualifications and oath of Judge. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court who shall be appointed in the same manner as the judge of said City Court, whose term of office shall be for four years from the date of the approval of this Act by the Governor, and until his successor is elected and qualified; provided , that at the regular election held for the election of members of the General Assembly immediately preceding the expiration of the term of office of the appointee to said office under the provisions of this Section, a Solicitor shall be elected by the qualified voters of Pierce county in the same manner as County officers are now or may hereafter be elected, for a term of four years and until his successor is elected and qualified, and thereafter the term of office of said Solicitor shall be for four years and he shall be elected by the qualified voters of Pierce county every four years from said first election under the provisions of this Section, at the same time and in the sam manner as other county

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officers of Pierce county are now elected, and shall be commissioned by the Governor for a term of four years. Should there be a vacancy in said office of Solicitor for any cause whatsoever, the said vacancy shall be filled in the same manner as vacancies in the office of Solicitor General of the Superior Court are now filled. It shall be the duty of said Solicitor to prosecute all offenses cognizable before said Court. He must be at least twenty-five years of age and a resident of Pierce county for four years immediately preceding his appointment and must have been in the active practice of law for three years. The said Solicitor shall before entering upon the duties of his office give bond and security in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, and shall, take and subscribe the oath required of the Solicitor General of the Superior Courts of this State, and shall receive the same fees for each written accusation in said Court as are allowed the Solicitor General for each indictment in the Superior Court, and his fees for all services rendered shall be the same as are allowed the Solicitor General of the Superior Court. In the absence or disqualification of said Solicitor, the City Court Judge shall appoint a Solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed Solicitor of this Court. Solicitor, appointment of, etc. Sec. 5. Be it further enacted by the authority aforesaid, That the Solicitor of said City Court shall for his services in the Court of Appeals or the Supreme Court be paid out of the Treasury of the State in the same manner as the Solicitor General of the Superior Court is paid for like services rendered in the Court of Appeals and the Supreme Court. Sec. 6. Be if further enacted by the authority aforesaid, That there shall be a Clerk of said Court to be appointed

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by the Judge thereof, who shall hold his office for a term of two years. Before entering upon the discharge of his duties he shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said Court; he shall also before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office, which bond shall be approved by the Judge of said Court and be deposited with the Ordinary of said county for record. The Clerk of the Superior Court shall be eligible to hold said office. Clerk, appointment, etc. Sec. 7. Be it further enacted by the authority aforesaid, That there shall be a Sheriff of the City Court of Blackshear, who shall be appointed by the Judge of said Court, who shall hold his office for a term of two years, and the Sheriff of Pierce county shall be eligible to hold said office, and the Sheriff so appointed in his official connection with said Court shall be known as the Sheriff of the City Court of Blackshear. Before entering upon the discharge of the duties of his office, said Sheriff shall execute a bond with good security in the sum of two thousand dollars conditioned for the faithful discharge of the duties of his office. He shall have power to appoint a deputy or deputies upon the consent and approval of the judge of said Court, and when so appointed, such deputy or deputies shall give bond in the sum of one thousand dollars and otherwise comply with the laws of this State pertaining to Deputy Sheriffs. The bond of said Sheriff and his deputies shall be approved by the Judge of said Court and shall be filed with the Ordinary of said county for record. Sheriff, appointment, etc. Sec. 8. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office

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of Clerk of the Superior Court and to the office of Sheriff shall be attached to the office of the Clerk of the City Court of Blackshear, and to the office of the Sheriff of the City Court of Blackshear, respectively, and the Judge of said City Court of Blackshear is empowered to enforce the same authority over said Clerk and Sheriff and their Deputies as is exercised by the Judge of the Superior Court over the Clerks of the Superior Courts and Sheriffs of the counties of Georgia. Duties and liabilities of Clerk and Sheriff. Sec. 9. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of said City Court shall receive in all civil busness transacted in said Court, in which the principal sum claimed does not exceed one hundred dollars, one half of the fees which Sheriffs and Clerks of the Superior Court receive, provided that in such cases the defendant shall only be chargeable with Justice Court Costs, and the plaintiff must at the time of filing his suit deposit with the Clerk of said Court the difference between Justice Court costs and the cost of said City Court. In all other business unless otherwise specified in this Act, they, and their deputies shall receive for all services the same fees as are allowed by law for like survices in the Superior Court. They shall be amendable to the same processes and penalties as are the officers of the Superior Courts, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as the Clerk and Sheriff of the Superior Court is now entitled to in the Superior Court. Fees of Clerk and Sheriff. Sec. 10. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to issue writs of habeas Corpus and to hear and dispose of the same in the same way and with the same power as the Judge of the Superior Court. Writs of habeas corpus.

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Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said City Court shall be quarterly. The time for holding said Court shall be on the second Monday in March, June, September and December, the term of said Court shall be held at the Court House in the City of Blackshear, in the county of Pierce, for which when necessary, Juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The Judge of said City Court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State and accused, and may also hold adjourned terms for the regular terms of said City Court for which he may draw new Juries or require the attendance of the same Jury, as in his sound legal discretion may seem best. Said City Court Judge may also set cases for trial at convenient times, and the same may be tried as of the terms whether court has been held from day to day until such time or not. Terms of Court. Sec. 12. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Courts, except as hereinafter provided; the process to all writs shall be annexed by the Clerk of said City Court, be tested in the name of the Judge thereof, and be directed to and be served by the Sheriff of said City Court of Blackshear or his legal Deputies. Procedure. Sec. 13. Be it further enacted by the Authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the Superior Court, where

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not inconsistent with this Act and unless specially provided by this Act, shall be applicable to said City Court. Practice. Sec. 14. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power and authority to hear and determine without a Jury all Civil causes of which the said Court has jurisdiction, and to give judgment and execution therein; provided always, that the plaintiff in any cause shall be entitled to a trial by Jury in said Court by entering a demand by himself or his attorney in writing at the time of filing his suit, and the defendant in any cause shall likewise be entitled to a trial by Jury in said Court by making a demand therefor in writing, by himself or his attorney, at the time of filing his defense, in all cases, under the Constitution and laws of the State of Georgia, such party is entitled to a trial by Jury; provided, further , that it shall be the duty of the City Court Judge to sound the docket upon the opening of each term for the purpose of ascertaining what cases either civil or criminal demands for trial by Jury are to be made in accordance with the provisions of this Act. Trials. Sec. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as judgments of the Superior Court are, and all executions issuing from said Court shall be tested in the name of the Judge and signed by the Clerk and directed to the Sheriff or his Deputy of the said City Court of Blackshear, and to all and singular the Sheriffs or their Deputies of the State of Georgia. Lien of judgments. Sec. 16. Be it further enacted by the authority aforesaid, That said Court shall have jurisdiction of all claim

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cases where personal property is levied on under execution or other process from said City Court, and such claims shall be tried in the same manner as claims in the Superior Court. Claim cases. Sec. 17. Be it further enacted by the authority aforesaid, That the claims to real property levied on under execution or other process from said City Court shall be returnable to the Superior Court of the County where such real property is situated, and shall then proceed as other claims in the Superior Court. Claims to realty. Sec. 18. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachment and garnishment as to any matter whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Court so far as the nature of the City Court will admit. Attachments in said Courts returnable to said Court, shall be directed to the Sheriff or his deputies of the City Court of Blackshear and to all and singular the Sheriffs and Constables of this State, and the Judge of said City Court may or any Justice of the Peace, or Notary Public may issue attachments returnable to said City Court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Attachments and garnishments. Sec. 19. Be it further enacted by the authority aforesaid, That garnishments and attachment proceedings and proceedings on distress warrants in said City Court shall be conformable to the laws of the State on the subject in the Superior Court. Practice. Sec. 20. Be it further enacted by the authority aforesaid, That Scire Facias to make parties in any cause in said

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City Court shall be had as in the Superior Court, but such scire facias shall run through the State and may be served by any Sheriff or his Deputy thereof. Parties, how made. Sec. 21. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to commencement of suits in the Superior Court, defenses, setoffs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories or under subpoenas, witnesses and their attendance, continuances, or other matters of a judicial nature, within the jurisdiction of said City Court, except as otherwise provided in this Act, shall be applicable to said City Court. Procedure. Sec. 22. Be it further enacted by the authority aforesaid, That the judge of said City Court shall have the power to cause testimony to be taken to be used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of the State, and the Judge and all other officers of said City Court shall have power, respectively, to administer all oaths pertaining to their office as the Judge and other officers of the Supreme Courts may in like cases do; and said Judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws, deeds and papers may be attested and affidavits administered by the Justices of the peace of this State; and the judge of said City Court shall have all the powers and authority throughout his jurisdiction of Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of said City Court so far as the same may be applicable, except as herein provided. Powers of Judge.

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Sec. 23. Be it further enacted by the authority aforesaid, That said city court of Blackshear shall be a Court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules to be kept for the Superior Court, shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duty of the Clerks in said Superior Court shall apply to them in said City Court, except where they conflict with the provisions of this Act. Court of record. Sec. 24. Be it further enacted by the authority aforesaid, That all laws regulating the enforcing of judgements, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied and sale had thereunder under the same rules and laws regulating the same in the Superior Courts, except that sales may be made under executions issued for the principal sum of one hundred dollars or less, by advertising the same for twenty days by written notices posted at three public places in said county before the day of sale. Judgments, how enforced. Sec. 25. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to enforce his orders, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Courts of this State. Contempt. Sec. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of said City Court of Blackshear to prepare and file in his office a complete copy of the jury list of the Superior Court of Pierce county, as provided from time to time for such Superior Court. From said copy so made, jurors in said City Court shall be drawn in the following manner: The Clerk

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of said City Court of Blackshear shall write upon separate tickets the names of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn not less than twenty-four jurors, in the manner as now required by law in the Superior Courts. All laws with reference to drawing, selecting and summoning traverse and tales traverse jurors in the Superior Courts shall apply to the City Court, except that the Sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Pierce shall apply and be of effect in the said City Court of Blackshear. Juries, how drawn. Sec. 27. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors now in force in this State or hereafter enacted by the General Assembly, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except where inconsistent with the provisions of this Act. Jurors, how selected. Sec. 28. Be it further enacted by the authority aforesaid, That twenty-four jurors drawn and summoned as above provided shall be impaneled, and in all cases, civil and criminal, trial by jury of twelve shall be had in said Court where so demanded, such demand to be made in writing at, or upon the call of the docket, and not thereafter, should a trial by jury of twelve be demanded, the Judge shall cause a list to be made up of the entire twenty-four Jurors from which, in civil cases, the plaintiff and defendant shall each have six strikes. Should no demand be made as provided for trial by jury of twelve, then the Judge shall cause three panels of eight each to be made up of the twenty-four jurors, sixteen of which shall constitute a

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panel of jurors from which to select a jury; in civil cases the plaintiff and defendant shall each be entitled to four strikes and in criminal cases the defendant shall be entitled to five strikes and the State three, the remaining eight jurors shall constitute a trial jury. The jurors, those drawn on a regular panel and likewise the talesmen, which the Judge of said Court is hereby empowered to have summoned instanter at any term of said Court whenever necessary to complete a panel, shall each receive the per diem as allowed Jurors serving in the Superior Court of said county, the same to be paid under the rule governing the payment of Superior Court jurors. Jury trials, etc. Sec. 29. Be it further enacted by the authority aforesaid, That the Sheriff of said Court, with the approval of the Judge, is hereby authorized to appoint at each term of said Court, Bailiffs as officers of said Court, who shall receive for their services not more than two dollars per day. Bailiffs. Sec. 30. Be it further enacted by the authority aforesaid, That all criminal cases is said City Court shall be tried by the Judge thereof without a jury, except when the accused, in writing, shall demand a jury. A plea to the accusation or indictment shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If, upon the trial of any case, it shall appear to the Judge that the evidence makes the case of felony against the accused, he shall thereupon suspend the trial, and commit or bail over the defendant to the next term of the Superior Court, as in preliminary examination. Trials in Criminal cases. Sec. 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said court shall be tried on a written accusation setting forth plainly the

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offense charged, founded upon the affidavit of the prosecutor and signed by the Solicitor of said City Court, and in all criminal cases within the jurisdiction of said City Court the defendant shall not have the right to demand an indictment by the grand jury of Pierce county. All the proceedings after accusations shall conform to the rules governing like cases in the Superior Courts, except there shall be no jury trials unless demanded by the accused as herein-before provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. Accusations. Sec. 32. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court shall send down from the Superior Court of Pierce county to said City Court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court in which there is no forfeiture of appearance bonds, and the order transmitting such cases shall be entered on the minutes of both of said Courts, which order may be passed in term time or vacation; provided , that in all transferred cases the solictor general of the Superior Court shall be entitled to his accrued costs, to be collected as herein provided for the costs of the Solicitor of the City Court. Transfers from Superior Court. Sec. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of all Justices of the Peace and Notaries Public ex-officio Justices of the Peace of Pierce county to bind over to said City Court all persons charged with offenses committed within the limits of Pierce county over which said City Court has jurisdiction, there to answer for said offenses. Criminal cases, how returned.

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Sec. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be had from said City Court to the Court of Appeals of this State upon a bill of exceptions field under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State to the Supreme Court. Writs of error. Sec. 35. Be it further enacted by the Authority aforesaid, That in all cases in said City Court the same power and rights of parties as to waiver, pleadings and procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in the superior Courts of this State. Practice. Sec. 36. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have power to grant a new trial in any case, civil or criminal, in his Court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleadings, practice and procedure governing motions, rules nisi and other proceedings in new trials in the Superior Courts shall apply to and govern the same in said City Court. When a criminal case is heard at a special session of said City Court and the defendant desires to move for a new trial, such motion must be made and passed upon by the Judge of said City Court within ten days after the renditon of the judgment complained of, and not afterwards, unless for good cause, in the sound legal discretion of the Judge, further time may, by order, be granted in the discretion of the Judge of said Court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials.

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Sec. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the county of Pierce, may be brought in said Court, whether its jurisdiction as already stated under the same rules and regulations, governing such cases in the Superior Court, mutatis mutandis , as to copies, second originals, returns and other matters connected with the suit. Suits against joint obligors, etc. Sec. 38. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil case is made returnable shall be the appearance term, except in cases involving in amount the principal sum of one hundred dollars or less, in which event the first term shall be the trial term, unless by reason of a demand for a trial by jury by either party in such cases, it shall be necessary under the provisions of this Act for said case or cases to go over until another term of said court; or should the plaintiff be surprised by any matter of defense set up by the defendant then said case shall stand for trial at the next term of said court. In all suits returnable to said Court, defense must be made thereto on the first day of the term said case or cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the Superior Courts of this State. Appearance and trial terms. Sec. 39. Be it further enacted by the authority aforesaid, That whenever the Judge of said city court is from any cause disqualified from presiding, and the Judge of the Superior Court can not, from any cause, preside in said Court as provided for in the Constitution of this State, then, upon the consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a Judge pro

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hac vice , selected in the same manner as now provided for in the Superior Courts of this State. Judge, disqualified. Sec. 40. Be it further enacted by the authority aforesaid, That in case of the absence of the Judge of said City Court at any term thereof, the Sheriff or Clerk of said Court may adjourn it to such time as the Judge may, in writing direct, or of no direction be given, the Court shall be adjourned to the next regular term. Judge, absent. Sec. 41. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said City Court shall be collected by the Solicitor thereof, and shall be paid over to the Treasurer of Pierce county, who shall keep the same as a separate fund to be known as the fine and forfeiture fund of the City Court of Blackshear, the same to be paid out by the said Treasurer only upon the order of the Judge of said City Court in extinguishment of insolvent orders granted by such Judge, to the Solicitor of said Court, the Solicitor General of the Superior Court, the Clerk of said City Court, the Clerk of the Superior Court, the Sheriff of said City Court, the Sheriff of Pierce county, the Justices of the Peace and other officers who may be entitled thereto in settlement of their insolvent cost bills arising from cases finally disposed of in said City Court. It is further provided , that not later than the thirty-first day of January in each year the Judge of in said City Court. It is further provided, that not later after the payment and satisfaction of all outstanding cost bills, may by order, cause the Treasurer of said county to transfer all of the remainder of said fine and forfeiture fund above the sum of three hundred dollars, to the City Court fund of said county, to be used in the payment of the expenses of said City Court, and not otherwise. Fines and forfeitures.

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Sec. 42. Be it further enacted by the authority aforesaid, That the Ordinary, Commissioners of Roads and Revenues of the County of Pierce or other proper officers, shall provide a suitable place in the Court House of said County in the City of Blackshear, for the use of the Clerk of said City Court, for the transaction of the business or said Court, and to provide the necessary books for keeping the dockets, minutes and other records of said City Court and also to provide for preserving the papers, books, records and minutes thereof. Court room and records, how provided. Sec. 43. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending and undisposed of in the County Court of Pierce County shall be, and are, hereby transferred to said City Court of Blackshear, and the same shall be placed upon the proper docket in said City Court, and shall be tried and disposed of as other cases in said City Court; all final and other processes now in the hands of the Sheriff of said county, the Bailiff of the County Court, or other officers, which are now made returnable to the County Court, shall be by them returnable to said City Court instead of said County Court. The Judge and other officers of said City Court shall have power and authority to issue and enforce in the name of said City Court and all processes in any case from the County Court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the County Court. All records, blanks and papers disposed of and of file in said County Court shall be filed and deposited with the Clerk of said City Court; that all fi. fas. and final processes not satisfied, now in the hands of the Bailiff of said, county Court, shall be levied and enforced by the Sheriff of said City Court and returns thereof made to said City Court. Business of County Court of Pierce County Transferred.

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Sec. 44. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not take effect until the passage and approval of an Act creating the City of Blachshear in the county of Pierce and State of Georgia. This Act effective, when. Sec. 45. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 15, 1911. BLAKELY, CITY COURT OF, ACT CREATING AMENDED. No. 148. An Act to make certain provisions as to the City Court of Blakely, relating to jurors, demands for indictment, Compensation of the Solicitor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That on and after the passage of this Act, the Judge of the City Court of Blakely, shall have the power to secure the attendance of, and use additional panels of jurors, and additional tales jurors, and to excuse any or all of the jurors, whenever in his judgment it is best for the public interest or the expediting of the business of the Court that he shall do so. City Court of Blakely; juries in. Sec. 2. If any defendant upon the original call of his case shall demand indictment by grand jury, the Court shall bind him over in a reasonable but sufficient bond to be assessed by the Judge of the City Court conditioned that

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he will personally be and appear to answer to any true bill, indictment or presentment that may be returned by the grand jury against him in the matter, and the City Court shall await the action of the grand jury in the matter; but if the defendant fails to give bond within five days, and remains in jail, the City Court may proceed to try the case notwithstanding the demand for indictment. If the grand jury return a true bill for a misdemeanor in the matter, the Judge of the Superior Court shall transfer the same to the City Court for trial. Demand for indictment. Sec. 3. Instead of the fees now allowed to the Solicitor of said Court for services performed by him in said Court, there shall be paid to him the sum of $50.00 per month out of the County Treasury. All such portions and pro rata parts of fines and forfeitures as would under the present law governing said Court be payable to the said Solicitor shall be paid into the County Treasury and become a part of the general funds. The provisions of this Section shall go into effect on September 1st, 1911. Solicitor, Salary of Sec. 4. All laws and parts of laws in conflict herewith are repealed. Approved August 18, 1911. BUFORD, CITY COURT OF, ACT CREATING AMENDED. No. 39. An Act to amend an Act approved August 20th, 1906, entitled An Act to establish the City Court of Buford,

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in the City of Buford, in the county of Gwinnett, to define its jurisdiction and powers, to regulate proceedings therein, to provide for the election and qualification of its officers and for other purposes, by changing the time for the election of the Sheriff and Clerk of said Court, from the first Saturday in September to the first Saturday in December, to provide for the payment of the Sheriff for serving the jury, and for feeding horses, to increase the salary of the Judge of said Court from $150.00 per year to $250.00 per year, and to provide for securing a Judge to try cases pending in said Court in which the Judge thereof may be disqualified. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 3 of the aforesaid Act approved August 20th, 1906, be and the same is hereby amended by striking the Figure 1 as it appears in the 8th line of said Section and inserting in lieu thereof the Figure 2, so that said Section when so amended shall read as follows: Section 3. There shall be a Judge and Solicitor of said City Court of Buford, who shall each hold their respective term of office for the term of four years and until their successors are elected and qualified respectively. Such Judge shall preside in the aforesaid City Court and shall be clothed with and shall exercise all the powers possessed by the Judges of the Superior Courts and City Courts of this State, as well as those conferred by the provisions of this Act. He shall receive as his compensation a salary of $250.00 per year, to be paid quarterly by the Mayor and Council of the City of Buford out of the Treasury of said City, which they are authorized hereby to do. Such Judge may practice law in any Court except his own. Such Judge and Solicitor shall be elected by the qualified

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voters of the territory over which said Court has jurisdiction. The first election under this Act shall be held on the first Saturday in September 1906, and the second election held under this Act shall be on the first Saturday in December 1910, and every four years thereafter on the same date. The poles for said election under this Act shall be open from 8 a. m. to 6 p. m. and shall be held by the Justice of the Peace or three freeholders and under the same rules and provisions as othr elections. As far as possible, said managers shall, after counting the votes, fill out tally sheets and certify the result to the Mayor and Council, who shall declare the result of said election to the Executive Department and the persons so elected shall be commissioned by the Governor, and all vacancies shall also be filled by election in the samemanner. When any vacancy shall occur the Mayor and council shall call an election to fill said vacancy and give twenty days notice thereof by posting three or more notices calling attention to the time and place of said election. Buford, City Court of, Judge and Solicitor. Sec. 2. Be it further enacted that Section 8 of the origianl Act be amended and the same is hereby amended by adding at the last of said Section the following, to-wit: Provided that from and after January 1st, 1912, said Clerk and Sheriff of said Court shall be elected on the first Saturday in December and shall hold their respective offices for two years and until their successors are elected and qualified. So that said Section 8, when so amended shall read as follows: Clerk and Sheriff. Section 8. Be it further enacted that there shall be a Clerk and Sheriff of said City Court of Buford, who shall be elected by the qualified voters of the territory over which said Court has jurisdiction at the first election under this

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Act, held on the first Saturday in September 1906, and for each two years thereafter and shall be held by the Justice of the Peace or three freeholders and under the same rules and provisions as other elections. When any vacancy shall occur in the office of Clerk or Sheriff of the City Court of Buford, the Judge of said Court shall have authority to appoint some person to fill the vacancy for the unexpired term, provided that from and after January 1st, 1912, said Clerk and Sheriff shall be elected on the first Saturday in December and shall hold their respective offices for two years and until their successors are elected and qualified. Election of Clerk and Sheriff. Sec. 3. Be it further enacted that Section 14 of said original Act be, and the same is, hereby amended by striking the figures 25 as they appear in the eighteenth line of said section and inserting in lieu thereof the figures 50 and by striking the words or fee for service in summoning jurors as they appear in the 29th, or last line of said Section 14, and inserting in lieu thereof the following, to-wit: but he shall receive the sum of two dollars for summoning the regular panel of jurors at each term of Court, which the Mayor and Council are authorized to pay out of the City Treasury of the City of Buford, so that Section when so amended shall read as follows: Compensation of Sheriff. Section 14. The compensation of said Sheriff shall be made up entirely, of fees which they are hereby authorized to charge and collect and to have taxed as costs, and have judgement and execution issue instanter therefor, the same being as follows, to-wit: For serving copy of process and returning original, per copy $1.00; for summoning each witness, 30 cents; for attending Court for each judgment rendered by the Court, whether with or without a jury, 50 cents; for each levy on fi fa or attachments or distress warrants, $1.00; for search and return of nulla bona , 50

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cents; for serving each summons of garnishment or rule against garnishee, 50 cents; for summoning a jury to try a case of nuisance $2.50; for settling each execution in his hands settled without a sale, $1.00; for taking each bond in civil cases, 50 cents; for taking bond in criminal cases, $1.00; for executing process against tenant holding over, or intruder upon land to disposses him, $1.75; for taking and returning counter affidavit when process of dispossess tenant or intruder is resisted, $1.00; for keeping a horse or mule per day, 50 cents; for serving, executing and returning a search warrant or other warrant in criminal cases, $2.00; for executing a search warrant, $1.00; commission sales same as county Sheriffs, and for each and every other service required of him by law and the duties of his office, the Sheriff shall receive the same fees as are by law allowed to the Sheriffs of the various counties of the State for similar services in the Superior Courts, and for services rendered when no compensation is provided by law they shall receive such compensation as the Judge of the City Court shall in his sound discretion allow, except that such Sheriff shall not directly receive any per diem fee for attendance on Courts and elections, but he shall receive the sum of two dollars for summoning the regular panel of jurors at each term of Court which the Mayor and Council are authorized to pay out of the City Treasury of the City of Buford. Sec. 4. Be it further enacted that Section 29 of said original Act be and the same is hereby amended by adding at the last of said Section and immediately following the word Court the following, to-wit: And when for any reason the Judge of said City Court is disqualified to preside in any civil or criminal case then pending, it shall be lawful for the Judge of the Superior Court of the Western

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Court Circuit, or any Judge of any City Court of this State, to preside and try and dispose of any such case, or in any case such other Judge shall be competent to preside in said City Court, provided however, this amendment shall not be construed to prohibit the trial of any civil case in said City Court by a Judge pro hac vice . So that Section when so amended shall read as follows: Section 29. Be it further enacted that the general laws of this State with regard to the commencement of suits in the Superior Courts; defenses, set offs, and illegalities, arbitrations, making parties, examinations of parties or witnesses by interrogations or under subpoena, or witnesses and their attendance, continuances or other matters of a judicial nature, within the jurisdiction of the City Court shall be applicable to said City Court. And when for any reason the Judge of said Court is disqualified to preside in any civil or criminal case there pending, it shall be lawful for the Judge of the Superior Courts of the Wester nCircuit or any Judge of any City Court of this State to preside and try and dispose of any such case or in any case such other Judge shall be competent to preside in said City Court; provided, however , this amendment shall not be construed to prohibit the trial of any civil case in said City Court by a Judge pro hac vice . Trial of cases in which the Judge is disqualified. Approved August 9, 1911. CLARKE COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 97. An Act to amend an Act entitled An Act to establish a City Court in the County of Clarke, and to provide for

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the appointment of a Judge and Solicitor thereof, approved September 9, 1879, and to amend the various Acts amendatory thereof, so as to fix the salary of the Judge of said Court; to provide for the payment of a salary to the Solicitor of said Court in lieu of the fees now received by him; to provide that all the fees now allowed by law to the Solicitor of said Court shall be collected and paid into the Treasury of Clarke County; to provide that Clarke county shall take the place of the Solicitor of said Court in all future insolvent costs and shall share as such in all fines, forfeitures and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the salary of the Judge of said Court shall be two thousand dollars per annum, payable as now provided by law, and this salary shall not be changed except by after Act of the General Assembly. [Illegible Text] [Illegible Text] City [Illegible Text] of, [Illegible Text] of [Illegible Text]. Sec. 2. Be it further enacted, etc., That the Solicitor of said Cout shall receive a salary of fifteen hundred dollars per annum, which shall be paid monthly out of the Treasury of the county of Clarke, out of any fund not otherwise specifically appropriated by some general law, and it shall be the duty of the Commissioners of Roads and Revenues for Clarke County, or other proper officers, to make provision, annually, in levying taxes for this purpose, said salary shall be in lieu of the fees now received by said Solicitor and shall be in full compensation for all services of whatever kind rendered by said Solicitor in said City Court; for every case argued in the Court of Appeals or the Supreme Court, said Solicitor shall be paid the fee now

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allowed by law to be paid in the manner now provided by law. In the absence, inability or disqualification of said Solicitor to act or to perform the duties of his office, the Judge of said Court shall have authority to appoint a Solicitor pro-tem, who shall receive for his services such sum as the Judge may fix, not to exceed $15.00 in each case represented by him, said amount to be paid in the same manner as the Solicitor's salary is paid. [Illegible Text] of [Illegible Text]. Sec. 3. Be it further enacted, etc., That the fees provided for in Section 4, of an Act entitled An Act to establish a City Court in the county of Clarke, and to provide for the appointment of a Judge and Solicitor thereof, approved September 9, 1879, and the fees provided for the Solicitor of said Court in Section 4, of an Act entitled An Act to amend an Act entitled an Act to establish a City Court in the County of Clarke, and to provide for the appointment of a Judge and Solicitor thereof, approved September 9, 1879, and to amend the various Acts amendatory thereof so as to provide for special jury sessions of said Court to try criminal cases; to change the terms and times of holding the terms of said Court for the trial of civil cases; to provide for trial of civil cases without a jury at special sessions of said Court; to provide for increasing the salary of the Judge of said Court, to provide for and regulate the costs and the payment of the same to the Solicitor and other officers of said Court; to provide that the first term after filing petition in said Court shall be trial term of all civil cases; and for other purposes amendatory of said Act, approved December 18, 1894, shall be collected as now provided by law and shall be paid into the Treasury of Clarke County. Fees of Solicitor payable to county. Sec. 4. Be it further enacted, etc., That after paying the insolvent costs of the Solicitor of said Court due at

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the time of the passage of this Act the share of all moneys arising from jury fines, fines imposed for violation of penal laws, and other fines, and collected from forfeited recognizances in said City Court, which under the provisions of Section 37 of said Act approved September 9, 1879, are subject to the payment of the fees of the Solicitor of said Court shall be paid into the Treasury of Clarke county. Fees of Solicitor payable to county. Sec. 5. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. COLUMBUS, CITY COURT OF, ELECTION OF JUDGE AND SOLICITOR, ETC. No. 143. An Act to provide for the election of the Judge and Solicitor of the City Court of Columbus by the qualified voters of Muscogee county; to fix the terms of office of the Judge and Solicitor of said court, to extend the terms of the present incumbents, so as to provide for the election of said officers at the same time, in the same manner, and to make their terms of office commence at the same time, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Judge and Solicitor of the Citq Court of Columbus shall be elected by the qualified voters of Muscogee county as hereinafter provided. Columbus, City Court of, Judge Solicitor.

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Sec. 2. Be it further enacted by the authority aforesaid, That at the general election to be held in 1912, for Governor and State House officers and members of the General Assembly and other county officers, a Judge and Solicitor of the City Court of Columbus shall be elected by the qualified voters of Muscogee county, in the same manner and at the same time as said above named officers are elected, and return of the election of such Judge and Solicitor shall be made in the same manner as returns of the election of members of the General Assembly, and to the same authority. Election of Judge and Solicitor. Sec. 3. Be it further enacted, That inasmuch as the terms of office of the present Judge and Solicitor of said Court, expire at different times, now, in order to make said terms of office commence at the same time, be uniform hereafter, the present terms of the Judge and Solicitor of said Court shall be extended to and expire upon the 31st day of December, 1913. Terms of Judge and Solicitor. Sec. 4. Be it further enacted, That the terms of office of the Judge and Solicitor of said Court elected under the provisions of this Act at the general election in 1912 shall commence on the first day of January, 1914, and shall expire on the 31st day of December, 1916; and that at the general election to be held in 1916, and every four years thereafter, for Governor and State House officers and members of the General Assembly and other county officers, a Judge and Solicitor of the City Court of Columbus shall be elected by the qualified voters of Muscogee county, in the same manner, and at the same time as said above named officers are elected and return of the election of such Judge and Solicitor shall be made in the same manner as return of the election of members of the General Assembly and to

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the same authority. The terms of office of the Judge and Solicitor elected as aforesaid in 1916, and their successors, shall be four years, and until their successors are elected and qualified. Terms and election of Judge and Solicitor. Sec. 5. Be it further enacted, That when elected as herein provided, said Judge and Solicitor shall be duly commissioned by the Governor and shall take the oath of office and qualify as now provided by law. Commission and oath. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. CORDELE, CITY COURT OF, ELECTION TO ABOLISH. No. 296. An Act to repeal an Act entitled An Act to establish the City Court of Cordele in and for the county of Crisp, to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor General and other officers thereof, and to define their powers and duties; to provide for pleading and practice therein, writs of error therefrom; and for other purposes, approved August 17, 1906, and to repeal all amendments to said Act; to abolish the said City Court of Cordele, to provide for the disposition of all books, papers, records, dockets, minutes, suits pending therein and all matters pertaining thereto, and for other purposes; and further

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providing that this Act abolishing the City Court of Cordele shall not go into effect and become operative when passed until after an election shall have been held by the voters of Crisp county and majority of the qualified voters i nsaid county voting in said election shall have voted to abolish same. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that the Act approved August 17, 1906, establishing the City Court of Cordele in and for the county of Crisp and all Acts amending said Act are hereby repealed. City Court Cordele, Act creating repealed. Sec. 2. Be it further enacted, That from and after the passage and approval of this Act the said City Court of Cordele be, and the same is, hereby abolished. Sec. 3. Be it further enacted, That all suits pending in said City Court of Cordele are hereby transferred to the Superior Court of Crisp county, and all judgments and executions heretofore rendered in and by said City Court of Cordele are hereby kept alive and of full force and vigor and that all such executions and all mesne and final processes of said City Court of Cordele which have not been executed, shall be returnable to the Superior Court of the county of Crisp, and all claims, illegalities and other issues arising from the execution of such processes and fi fas , shall be returnable and deteminable as though same had issued from the Superior Court of Crisp county. Pending Suits transferred. Sec. 4. Be it further enacted, That all criminal causes founded upon indictment pending in the City Court of Cordele, when this Act shall become effective, shall be transferred to the Superior Court of Crisp county, and all

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criminal causes founded upon accusation pending therein, shall be at once heard by some Justice of the Peace of the county aforesaid, who shall have power to bind over the accused for his appearance at the next term of the Superior Court of said county, or to discharge, in the same manner as if brought before him upon a warrant; provided , that where the accused has been regularly bound over upon a warrant to the City Court of Cordele, or has given bond for his appearance before that Court, such committal or bond shall be considered valid to secure his presence at the next term of the Superior Court of Crisp county. Criminal cases. Sec. 5. Be it further enacted, That such motions for new trial as may be pending in the City Court of Cordele when this Act becomes effective shall be heard by the Judge of the Superior Court of the Cordele Judicial Circuit; and that when after this Act becomes effective, judgment is rendered in the Supreme Court of Georgia, or the Court of Appeals of Georgia, in any case pending therein from the City Court of Cordele, the Clerk of the higher Court shall send the remittitur in said case to the Clerk of the Superior Court of Crisp County where it shall be made the judgment of said Court as having jurisdiction therein. Motions for new trial. Sec. 6. Be it further enacted, That all dockets, minutes, records, books and papers of the City Court of Cordele shall be held by the Clerk of the Superior Court of Crisp county as part of the records of that Court. Records, etc. Sec. 7. Be it further enacted, That this Act go into effect on the first day of October 1911; provided , that the provisions of this Act shall become of full force and effect only when ratified by a majority of the votes cast by the qualified voters of Crisp county at an election to be held

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for the purpose of submitting the provisions of this Act to the qualified voters of Crisp county for their approval or rejection, which said election shall be held in the same manner, at the usual voting places in said county now established by law and during the same hours, and the result of such election shall be consolidated and the result declared in the same manner as now provided by law for holding elections for the members of the General Assembly of Georgia, which said election shall be held within six months at such time as may be fixed by Ordinary of Crisp county. At such election voters who wish to cast ballots for the provisions of this Act, shall have written or printed thereon the words Against the City Court, and those who wish to cast ballots against the provisions of this Act shall do so by having written or printed thereon the following words, For the City Court. The result of said election shall de declared by the managers thereof at the Court House of said county on the day succeeding such election at twelve o'clock noon to the Ordinary of said county who shall, under his hand and seal, certify the result thereof to the Secretary of State. Election to ratify this Act. Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 21, 1911. COVINGTON, CITY COURT OF, ABOLISHED. No. 122. An Act to repeal an Act approved August 22, 1907, (beginning on Page 144 and ending on page 155, Acts 1907),

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entitled An Act to create the City Court of Covington in and for the county of Newton, to prescribe all powers, and duties thereof, to provide for the officers thereof, and define the manner of their election or appointment, to provide for the compensation of said officers, and for other purposes. To provide for the disposition of business pending therein and the Court papers, and to provide when this Act shall go into effect and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January 1912, the Act approved August 22nd, 1907, (beginning on page 144 and ending on page 155, Acts 1907) entitled An Act to create the City Court of Covington, in and for the county of Newton, to prescribe all powers and duties thereof, to provide for the officers thereof, and define the manner of their election or appointment, to provide for the compensation of said officers, and for other purposes, be, and the same is, hereby repealed, and that said City Court of Covington is hereby abolished. City Court Covington, abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all civil cases pending in said City Court when this Act shall become effective, which as to amount and subject matter involved are within the jurisdiction of the Justice Courts of this State shall be transferred under the direction of the Judge of said City Court by the Clerk of said City Court to the Justice Courts or Court in the county of Newton, which would have had jurisdiction at the time such suit was brought had it been brought in Justice Court; and that all other cases and suits of any and all kinds, both civil and criminal, shall be transferred when this Act becomes

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effective to the Superior Court of Newton county, and that the first term of said Superior Court after this Act shall become effective shall be return term for all civil cases returnable to the November term, 1911, of the City Court of Covington. The following March term of said Superior Court shall be the trial term for the cases aforesaid unless same continued in said Superior Court under laws regulating continuances therein. Transfer of pending cases. Sec. 3. Be it further enacted by the authority aforesaid, That from and after January 1st, 1912, all dockets, minutes, records, books and papers of the City Court of Covington except such as concern suits to be transferred to Justice Courts as hereinbefore provided, shall be held by the Clerk of the Superior Court of Newton county as part of the records of that Court. Transfer of rscords, etc. Sec. 4. Be if further enacted by the authority aforesaid, That all proceedings except as hereinbefore provided, growing out of any execution, decree or order of said City Court of Covington, or any issues that may hereafter arise on any process heretofore issued or issued before January 1st, 1912, from said Court, (except as hereinbefore provided) shall when this Act becomes effective be returned to the Superior Court of said county for determination, that is, such proceedings or issues not determined by said City Court before this Act becomes effective. Writs, etc., returnable to City Court go to Superior Court. Sec. 5. Be it further enacted by the authority aforesaid, That all judgments and executions heretofore rendered in and by said City Court of Convington and hereafter before this Act shall become effective, are hereby kept alive and of full force and vigor. Judgments of City Court.

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Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. DAWSON, CITY COURT OF, ACT CREATING AMENDED. No. 118. An Act repeal an Act, entitled An Act to amend an Act approved December 25, 1898, establishing the City Court of Dawson, which was approved August 13, 1909, and is found on page 219 of the Published Acts of the General Assembly of Georgia for the year 1909, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act entitled, An Act to amend an Act approved December 25, 1898, establishing the City Court of Dawson which was approved August 13, 1909, and is found on page 219 of the Published Acts of the General Assembly of Georgia, for the year 1909, whereby defendants were given the right in the City Court of Dawson to demand indictment by the grand jury of Terrell county, be and the same is hereby repealed. City Court of Dawson; to demand indictment. Sec. 2. Be it further enacted by the authority aforesaid, That Section 32 of the Act establishing the City Court of Dawson, approved December 25, 1898, after the passage of this Act shall be and remain as the same was originally,

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the purpose of this Act being, to provide that hereafter defendants in the City Court of Dawson in all criminal cases shall not have the right to demand an indictment by the grand jury of Terrell County. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved August 17, 1911. ELLAVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 130. An Act to amend an Act approved August 21st, 1906, entitled An Act to establish the City Court of Ellaville, in and for the county of Schley, etc. and for other purposes, so as to increase the number of jurors to be empaneled from sixteen to twenty-four, and to change the per diem of jurors from $1.50 to $2.00. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act entitled An Act to establish the City Court of Ellaville, in and for the county of Schley, etc., approved August 21, 1906, being Act. No. 591 of the Code of 1906 be, and the same is hereby amended as follows: By striking out the word sixteen in the tenth line of Section 26, of said Act and substituting in lieu thereof the words twenty-four, so as to provide for twenty-four traverse jurors instead of sixteen. Amend further by

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striking out all the words in Section 28 of said Act, and substituting in lieu thereof the following as Section 28, to-wit: Section 28. Be it further enacted by the authority aforesaid, That the twenty-four jurors drawn and summoned as above provided, shall be empaneled, and in all cases, civil or criminal, trial by jury of twelve shall be had in said court when so demanded; but a trial by jury of twelve may be waived and in that event the jury shall be selected as follows: In civil cases, each side shall have six strikes and in criminal cases the defendant. shall have seven strikes and the State five strikes; twelve shall thus constitute a jury. When a jury of twelve shall have retired for the purpose of considering a case, the parties in any case may by consent, agree to use the remaining twelve jurors for the trial of such case and this shall constitute a legal jury. Whenever it occurs that a jury may be out, engaged in considering a case submitted to them, and in the discretion of the Judge presiding, it shall be deemed advisable to have additional jurors to supply a full panel of twenty-four (including those who are on the jury then out considering of their verdict) then such Judge shall instruct the Sheriff or his deputy to promptly summon such number of competent talesmen as will be necessary to complete the panel of twenty-four jurors, so as to thus provide for the uninterupted trial of cases, civil and criminal pending in said Court. If either party in a civil case or defendant in a criminal case declines to waive trial by a jury of twelve, then in civil cases each side shall be allowed three strikes and in criminal cases the defendant shall be allowed four strikes and the State two strikes from said panel. The jurors, those drawn on the regular panel and likewise the talesmen, which the Judge of said Court is hereby empowered to have summoned instanter at any term of said Court, whenever necessary to complete a panel, shall each

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receive the sum of two dollars ($2.00) per day while serving as jurors in said Court, same to be paid under the rule governing the payment of Superior Court jurors. City Court of Ellaville, Juries, how empaneled. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. FRANKLIN, CITY COURT OF, ABOLISHED. No. 56. An Act to repeal an Act entitled An Act to establish the City Court of Franklin in and for the county of Heard; to define its jurisdiction and powers, to provide for the election of the Judge and Solicitors and the filing of the officers thereof, and to define their duties and powers, to provide for pleadings and practice and the granting of new trials therein, to provide for writs of error therefrom to the Supreme Court and Courts of Appeals, to provide for the trial of all misdemeanor cases in said Court by the Judge thereof, or by a jury in said Court if demanded, to provide that all commiting magistrates shall require all misdemeanors defendants to give bail for their appearance before the City Court of Franklin, to provide that no defendant in said Court shall have the right to demand indictment, but shall be tried on information based on sworn affidavit, in said Court unless indictment has been returned prior to arrest, to provide for the arnsfer of indicement and special presentments which charge misdemeanors from the Superior Court of Heard county to the City Court of Franklin,

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and the trial of such defendant there, to fix the salary of the Judge and the fees of the other officers thereof, and the other purposes. Approved August 14th, 1908, and to transfer the causes therein pending, both criminal and civil to the Superior Court of Heard county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of same, That from and after the passage of this Act, and Act entitled, An Act to establish the City Court of Franklin in and for the county of Heard, to define its jurisdiction and powers, to provide for the election of the Judge and the Solicitor and the filling of the officers thereof, and to define their duties and powers, to provide for pleadings and practice and the granting of new trials therein, to provide for writs of error therefrom to the Supreme Court and Court of Appeals, to provide for the trial of all misdemeanor cases in said Court by the Judge thereof, or by the jury in said Court if demanded, to provide that all committing magistrates shall require all misdemeanor defendants to give bail for their appearance before the City Court of Franklin, to provide that no defendant in said Court shall have the right to demand indictment but shall be tried on information based on sworn affidavit, in said Court unless indictment has been returned prior to arrest, to provide for the transfer of indictment and special presentments which charge misdemeanor from the Superior Court of Heard county to the City Court of Franklin, and the trial of such defendant there; to fix the salary of the Judge os said Court and the fees of the other officers therof, and for other purposes. Approved August 14, 1908, be and the same is hereby repealed. City Court of Franklin abolished.

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Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That all causes, criminal and civil and all other matters now pending in said City Court, be, and the same are, hereby transferred to the Superior Court of Heard county, Georgia, and the same shall be tried, determined, and disposed of by said Superior Court as like cause and matters are tried, determined and disposed of in the Superior Court of this State. Business transferred to Superior Court. Sec. 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the same, That all dockets, minutes, books, and other records, original papers, and all other documents and papers of said City Court or pertaining thereto, shall be by the Clerk and Sheriff of said City Court, deposited with the Clerk of the Superior Court of said County and there be kept as a part of the records of same. Records, etc., transferred. Sec. 1. Be it further enacted by the authority aforesaid and it is hereby enacted by the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. HALL COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 45. An Act to amend an Act entitled An Act to establish a City Court in the county of Hall, and to provide for a Judge and Solicitor thereof, approved August 14, 1891 so as to provide that defendants in criminal cases shall

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not have a right to demand indictments by the grand juries of said county; and to amend third Section of the Amendment to said Act as approved August 9, 1909, and to provide that judgments shall be entered at the first term of the Court by the Judge of said Court without a verdict of a jury in all suits upon account, where the account has been sworn to and personal service has been had, and upon all unconditional contracts in writing when no defence has been filed, according to law. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and a Solicitor, thereof approved August 14, 1891, be and the same is hereby amended by inserting the word not between the words shall and have in the second line of Section 42 of said Act, and by repealing all of said Section 42 of said Act from the word provided down to the word commitment both inclusive, so that said Section 42, as hereby amended shall read as follows, to-wit: In all criminal cases within the jurisdiction of the said City Court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Hall. City Court of Hall County, right to demand indictment. Sec. 2. Be it further enacted, That Section 3 of the amendment to said Act as approved August 9, 1909, and all of Section 21 of the original Act be stricken, and amended by inserting in lieu thereof the following: the second term after the declaration, or suit is filed shall be the regular trial term, when the legal defense has been duly filed according to law, but judgment shall be entered by the Judge of said Court, without the intervention of a jury upon all

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suits upon open accounts, and upon all unconditional contracts in writing, where the account has been duly sworn to, and there has been personal service upon the defendants, and there has been no legal defense filed to said suit upon the open account, or to the suit upon an unconditional contract in writing, when no legal defense has been filed. Trial terms, tec. Sec. 3. Be it further enacted, That all laws and parts of laws conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. HARTWELL, CITY COURT OF, ABOLISHED. No. 216. An Act to repeal an Act entitled An Act to establish the City Court of Hartwell, in and for the County of Hart, approved August 15th, 1904, to provide for the disposition of the business pending in said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act to establish the City Court of Hartwell, in the City of Hartwell, in and for the County of Hart, approved August 15th, 1904, be, and the same is, hereby repealed and that the City Court of Hartwell is hereby abolished. City Court of Hartwell, Abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all the business, both civil and criminal, now

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pending in said City Court, be transferred for trial and final disposition to the Superior Court of said county, and the Judge of the City Court of Hartwell and the Clerk thereof are hereby directed to turn over all papers in all cases, civil and criminal, pending in said city court to the Clerk of the Superior Court in and for said county. Business transferred to Superior Court of Hart county. Sec. 3. Be it further enacted by the authority aforesaid, That any issues that may hereafter arise on any process heretofore issued from said City Court be returned to the Superior Court of said county for determination. That this Act shall take effect October 1st, 1911, and that the Judge of the City Court of Hartwell shall have thirty days from that date within which to pass upon all motions for new trials which may be pending in said Court. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. HAZLEHURST, CITY COURT OF, ABOLISHED. No. 274. An Act to repeal an Act entitled An Act to establish the city Court of Hazlehurst, in and for the County of Jeff Davis, to provide for the appointment or election and qualification of the Judge and Solicitor of said Court, to define the powers and duties of the Judge and Solicitor of said Court, and for other purposes, approved, August 14, 1909, and to abolish the City Court of Hazlehurst;

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to provide for the disposition of all books, papers, records, dockets, minutes, suits pending therein, and all matters pertaining thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act as hereinafter provided, an Act entitled An Act to establish the City Court of Hazlehurst, in and for the county of Jeff Davis, to provide for the appointment or election and qualification of the Judge and Solicitor of said Court, to define the powers and duties of the Judge and Solicitor of said Court, and for other purposes, approved August 14, 1909, be, and the same is hereby repealed. City Court of Hazlehurst, abolished. Sec. 2. Be it further enacted, That from and after the passage of this Act, as hereinafter provided, said City Court of Hazlehurst as established under and by virtue of said Act, be, and the same is abolished. Sec. 3. Be it further enacted, That all cases pending in said City Court when this Act shall become effective which as to amount and subject matter involved are within the jurisdiction of the Justice Courts of this State, shall be transferred to the Justice Courts or Court in the County of Jeff Davis which would have had jurisdiction at the time such suit was brought, had it been brought in Justice Court, and that all other cases and suits of any and all kinds shall be transferred to the Superior Court of Jeff Davis county; and that the first term of said court after this Act shall become effective shall be trial term for all such civil cases brought to the July term 1911, of the City Court of Hazlehurst or to some term prior thereto. All mesne and final processes from the City Court of Hazlehurst which have not been executed shall be returnable to the Superior Court

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of Jeff Davis county, except those involving matters within Justice Court jurisdiction, which shall be returnable to the Justice Court having jurisdiction thereof, and all claims, illegalities and other issues arising from the execution of said processes shall be returnable as though issued from the Court having jurisdiction thereof after this Act shall go into effect. Disposition of its civil business. Sec. 4. Be it further enacted, That all criminal causes founded upon indictment pending in the City Court of Hazlehurst when this Act shall become effective shall be transferred to the Superior Court of Jeff Davis county, and that all criminal causes founded upon accusation pending therein shall be at once heard by some justice of the Peace of the county aforesaid, who shall have power to bind over the accused for his appearance at the next term of the Superior Court of Jeff Davis county, or to discharge in the same manner as if brought before him upon a warrant; provided , that where the accused has been regularly bound over upon a warrant to the City Court of Hazlehurst or has given bond for his appearance before that Court such committal or bond shall be considered valid to secure his presence at the next term of the Superior Court. Disposition of its criminal business. Sec. 5. Be it further enacted, That such motions for new trials as may be pending in the City Court of Hazlehurst when this Act becomes effective shall be heard by the Judge of the Superior Courts of the Brunswick Circuit; and that when, after this Act becomes effective, judgment is rendered by the Supreme Court of Georgia or the Court of Appeals of Georgia, in any case pending therein from the City Court of Hazlehurst, the Clerk of the higher Court shall send the remittitur in said case to the Clerk of the Superior Court of Jeff Davis county, where it shall be made the

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judgment of said Court as having jurisdiction therein, provided , if the judgment be reversed, and suit is such as is within the jurisdiction of Justice Courts, said suit shall then be transferred to the proper Justice Court as hereinbefore provided. Motions for new trials and remittiturs. Sec. 6. Be it further enacted, That all dockets, minutes, records, books and papers of the City Court of Hazlehurst, except such as concern Justice Court suits, shall be held by the Clerk of the Superior Court of Jeff Davis county as part of the records of that Court. Records, etc. Sec. 7. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. JACKSON, CITY COURT OF ESTABLISHED. No. 24. An Act to establish the City Court of Jackson, in and for the county of Butts; to define its jurisdictions and powers; to provide for the election of a Judge and Solicitor and other officers thereof, and to define their powers and duties; to provide for pleadings and practice and new trials therein, and for writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Jackson is hereby

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established, in the city of Jackson, and created with criminal and civil jurisdiction over the whole county of Butts; this Act to take effect upon the passage thereof, and the approval by the Governor. City Court of Jackson established. Sec. 2. Be it further enacted, That said City Court of Jackson shall have jurisdiction to try and dispose of all civil cases of whatever nature or amount, except in those cases over which exclusive jurisdiction is vested in the Superior Court by the Constitution and laws of the State of Georgia; always provided , that said City Court of Jackson shall not have power to correct errors in inferior jurisdictions by the writ of certiorari, nor shall said City Court of Jackson have power to entertain appeals from any inferior jurisdictions; and said City Court shall not have power to issue writs of mandamus, or prohibition or quo warranto . In all suits brought in said Court, in principal sums of $100.00 or less, the Clerk shall only receive Justice Court cost, with recording fees in addition thereto, as hereinafter provided; and the Sheriff shall only receive seventy-five cents for serving each levy in all cases in said City Court of one hundred dollars or under. When the Clerk and Sheriff shall perform services for which no fees are provided in Justice Courts, they shall receive fees as are provided for in this bill for like services in cases arising in this Court when the suit or action is for the principal sum of more than $100.00. Jurisdiction. Fees of Clerk and Sheriff. Sec. 3. Be it further enacted, That the City Court of Jackson shall have jurisdiction to try and dispose of all criminal cases when the offender is not subject to loss of life or confinement in the penitentiary, when the offense is committed in the county of Butts. Jurisdiction in criminal cases.

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Sec. 4. Be it enacted, That there shall be a Judge of said City Court of Jackson, who shall be elected by the qualified electors of said county, who are qualified to vote for members of the General Assembly of the State of Georgia, and such Judge shall be commissioned by the Governor, as in other like cases. The Judge of the said City Court of Jackson shall receive a salary of $1,000.00 per annum, which shall be paid to him from the Treasury of Butts county, by the officers of said county charged with the duty of disbursing the funds of said county in monthly installments of equal amounts, which salary shall not be increased or diminished during his term of office except to apply to a subsequent term. Judge. Sec. 5. Be it further enacted, That no person shall be eligible to the office of judge of said City Court who has not attained the age of thirty years, and who has not resided in the county of Butts five years immediately preceding his election; he shall also have been a practicing attorney for at least five years before his election; he shall, before entering upon the discharge of his duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Jackson of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. And said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. He shall have authority to issue criminal warrants, to dispossess tenants holding over, and intruders, to issue distress warrants and generally do all

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acts which the Judges of the County Courts of this State are authorized to do unless otherwise provided in this Act. Said Judge shall be allowed to practice law in any courts in this State except the City Court of Jackson; provided , this does not apply to cases pending at time of election in which he is employed before his election. Qualifications, oath and power of Judge. Sec. 6. Be it further enacted, That there shall be a Solicitor of said City Court of Jackson who shall be elected in the same manner as is provided for the election of Judges of the said City Court of Jackson, in this Act. No person shall be eligible to the office of Solicitor of the City Court of Jackson who has not attained the age of twenty-five years, and who has not been a practicing attorney for the three years next preceding his election, and who has not resided in the county of Butts three years next preceding his election. He shall before entering upon the duties of the office of Solicitor take the oath required of the Solicitor-General. He shall receive for his services as Solicitor of said City Court of Jackson one thousand dollars per annum, to be collected out of the fines and forfeitures arising in said Court, before the fines and forfeitures arising in said Court are paid to the Treasurer of said county, until he shall have been paid the sum of one thousand dollars for each year of his term as Solicitor of said Court; provided , there shall be a sufficient amount of fines and forfeitures coming into said Court to pay said amount; and all of the fines and forfeitures arising in said Court over and above said one thousand dollars to be paid into the county Treasury to be used for general purposes. Solicitor. Sec. 7. Be it further enacted, That the Judge and Solicitor of the City Court of Jackson, shall be elected and hold

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office from the first day of September, 1911, until the first day of January, 1915. Terms of office. Sec. 8. Be it further enacted, That at the general election held in the year 1914 for county officers, an election shall be held for Judge and Solicitor of the City Court of Jackson and every two years thereafter an election for Judge and Solicitor at the same time and in the same manner as held for county officers. The term of office of the Judge and Solicitor of the City Court of Jackson shall be for two years, except the first term, which shall be as stated in Section 7 of this Act. Elections of Judge and Solicitor. Sec. 9. Be it further enacted, That it shall be the duty of the Ordinary of the county of Butts to call an election to elect a Judge and Solicitor of the City Court of Jackson twenty days from the passage of this Act, the persons elected to fill said offices to assume the duties of said office on the first day of September, 1911. First election. Sec. 10. Be it further enacted, That in case of any vacancy in the office of Judge or Solicitor of said Court, either from death, removal, resignation or otherwise, it shall be the duty of the Governor to appoint some eligible and suitable person to fill such vacancy, such person so appointed shall fill the unexpired term only. Vacancies. Sec. 11. Be it enacted, That the Clerk of the Superior Court of Butts county shall be ex-officio Clerk of the City Court of Jackson, and in his official connection with said City Court shall be known as Clerk of the City Court of Jackson. He shall have power to appoint Deputy or Deputies. All the power and duties attached to the office of Clerk of the Suerior Court shall be attached to the office of the

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Clerk of the City Court of Jackson; he shall give bond in the sum of one thousand dollars for the faithful performance of the duties of the office of the Clerk of the City Court of Jackson. The Sheriff of the county of Butts shall be ex-officio Sheriff of the City Court of Jackson, and in his official connection of and with said Court shall be known as the Sheriff of the City Court of Jackson. He shall be required to give bond in the sum of two thousand dollars for the faithful performance of the duties of such office. He shall have power to appoint deputy or deputies. All the duties and liabilities attached to the office of Sheriff of Butts county shall attach to the office of Sheriff of the City Court of Jackson. Clerk and Sheriff. Sec. 12. Be it further enacted, That the Judge of the City Court of Jackson shall have power to exercise the same authority over the Clerk and Sheriff and his Deputies as is exercised by Judges of the Superior Courts over the Clerks and Sheriffs in the counties of Georgia. If either the Clerk or Sheriff shall fail to give bond, required by this Act, within sixty days, the Judge of the City Court of Jackson is hereby authorized to appoint a Clerk or Sheriff as the case may be, who shall give like bond before entering upon the duties, and his term shall expire as that of the Clerk and Sheriff of the Superior Court. In all cases the Clerks and Sheriffs of the City Court of Jackson shall take and subscribe the same oath as the Clerks and Sheriffs of the Superior Courts of this State. Clerk and Sheriff. Sec. 13. Be it further enacted, That in all civil cases arising in said City Court of Jackson, where the principal sum involved is more than one hundred dollars, the Clerk and Sheriff shall receive the same fees as are now allowed for similar services in the Superior Court; and in criminal

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cases they shall in like manner receive the same fees as are now allowed for similar services in the Superior Court, except that in cases where there is no indictment, the Clerk shall receive only three dollars for each case. And the Sheriff shall receive the sum of two dollars per day for attending the Court, not to exceed sixteen days in the year; and the Sheriff shall receive the sum of five dollars for summoning jurors to the regular terms of said Court. The Clerk of said Court shall receive no per diem for attendance on the Court. The Sheriff shall be paid his per diem and for summoning the jury from the county Treasury, in the same manner as is paid for similar services in the Superior Court. The Clerk shall receive the sum of ten cents per hundred words for recording in the manner as he now receives for recording in the Superior Court. Fees of Clerk and Sheriff. Sec. 14. Be it further enacted, That the Judge of the City Court of Jackson shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the Judge of the Superior Court. Writs of habeas corpus. Sec. 15. Be it further enacted, There shall be six regular terms of the City Court of Jackson, annually as follows, to-wit: On the second Mondays of January, March, May, July, September and November, beginning on the second Monday in September 1911. The Judge of said Court shall have power to hold said Court in session and to adjourn from time to time; provided , said Court shall be finally adjourned at least five days before the next succeeding term. Terms of Court. Sec. 16. Be it further enacted, That suits in said City Court shall be in all respects conformable to the mode of

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proceedings in the Superior Court, except as herein otherwise provided, but the process to writs shall be annexed by the Clerk of said City Courts, be tested in the name of the Judge thereof, and be directed to, and served by the Sheriff of said City Court or his Deputy. Procedure. Sec. 17 Be it further enacted, That in all matters pertaining to the time of commencing suits, services, pleading, and practice, the laws governing the Superior Court where not inconsistent with the provisions of this Act, and unless otherwise provided by this Act, shall be applicable to said City Court. Said Court shall have power to forfeit criminal bonds and try same, to issue rules nisi and rule absolute; provided , no rules absolute shall be had until the expiration of six months after the taking of the rule nisi . Practice. Sec. 18. Be it further enacted, That the first term of said City Court shall be the appearance term, except in cases of unconditional contracts in writing, and in such cases where no pleas or issue under oath is filed an absolute judgment shall be held at the first term of said Court held twenty days after such case shall have been filed. And all other mode of trial in said City Court shall be the same as in Superior Court. Appearance term. Defaults. Sec. 19. Be it further enacted, That the Judge of said City Court shall have power and authority to hear and determine all civil cases of which said City Court has jurisdiction, and give judgment therein; provided , always, that either party in any cause shall be entitled to a trial by a jury in said City Court upon entering a demand therefor, by himself or his attorney, in writing, within thirty days after the first day of the term to which said case is returnable, in all such cases when such parties are entitled to trial

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by jury under the Constitution and the laws of this State, except in cases where the principal involved is not over fifty dollars the trial by jury shall not be had. Trials. Sec. 20. Be it further enacted, That all judgments obtained in said City Court shall be a lien on all the property of the defendant or defendants throughout the State, in the same manner as the judgments of the Superior Courts are, but the property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said City Court, and all executions issued from said City Court shall be tested in the name of the Judge and signed by the Clerk, and directed to the Sheriff and his Deputy of said City Court of Jackson, and to all and singular the Sheriffs and their Deputies of the State of Georgia. Lien of judgments. Sec. 21. Be it furter enacted, That said Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said Court and such claim shall be tried in the same manner as claims in the Superior Court. Claims. Sec. 22. Be it further enacted, That claims to real property levied on under execution or other process from said City Court shall be returned to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court. Claims to realty., how returned. Sec. 23. Be it further enacted that all laws upon the subject of attachment and garnishment as to any matter whatever in the Superior Court in this State shall apply to said City Court, as if named with the Superior Court, so far as the nature of the City Court will admit, attachments

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in said Court are returnable to said Court shall be directed to the Sheriff or his Deputies of the City Court of Jackson, and to all and singular the Sheriffs and Constables of this State, and the Judge of said City Court may, or any Justice of the Peace or Notary Public and ex-officio Justice of the Peace, may issue attachments returnable to said City Court, under the same laws that govern the issuing attachments returnable to Superior Court. Attachments and garnishments. Sec. 24. Be it further enacted, That garnishment proceedings in said City Court shall be conformable to the laws of the State as to garnishments in the Superior Court. When any garnishment proceeding is commenced under Section 4715 or 4716 and 4717 of the Code of Georgia, of 1895, Volume 2, based upon suit pending in this Court, or judgment obtained in this Court, the person served with a summons of garnishment residing in a different county than the county of Butts, shall be required to answer in the Superior Court of the county of his residence, in the manner provided by Sections aforesaid. Answers to garnishments. Sec. 25. Be it further enacted, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, but such scire facias shall run throughout the State, and may be served by any Sheriff or his Deputy. Parties, how made. Sec. 26. Be it further enacted, That the general laws of this State, with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, or witnesses, by interrogatories, or under subpoena, witnesses and their attendance, continuances, or other matter of judicial nature, within the jurisdiction of said City Court, shall be applicable to said City Court. Practice.

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Sec. 27. Be it further enacted, That the Judge of said City Court shall have power to cause testimony to be taken and used de bene esse , and for the purpose of perpetuating testimony within his jurisdiction, in all cases according to the general laws of this State, and the Judge and other officers of said City Court shall have power respectively to administer all oaths pertaining to their offices, as the Judge and other officers of the Superior Court in like cases might do, and said Judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State, in which by existing laws such papers may be attested and affidavits administered by Justice of the Peace of this State, and the Judge of said City Court shall have all the power and authority throughout his jurisdiction of Judges of the Superior Courts, except where by laws exclusive power and authority are vested in the Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of said City Court, so far as the same may be applicable, except as herein provided. Powers of Judge. Sec. 28. Be it further enacted, That said City Court of Jackson shall be a Court of record, and shall have a seal and the minutes, records, orders and other books and files that are required by law and rules to be kept for the Superior Courts shall be in and for said City Court, and in the same manner; and all laws applicable to the duties of the Clerk and Sheriff in the Superior Courts shall apply to them in said City Courts, except where they are in conflict with the provisions of this Act. Court of record. Sec. 29. Be it further enacted, That all laws regulating the enforcing of judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and executions

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shall issue and be levied and sale be had under the same rules and laws regulating the same in the Superior Courts. Judgments, how enforced. Sec. 30. Be it further enacted, That the Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Courts of this State. Contempt. Sec. 31. Be it further enacted, That all persons liable to serve as grand and petit jurors in the Superior Court of said county of Butts shall be liable to serve as petit jurors in said City Court and it shall be the duty of the Clerk of said City Court to copy into a book the list of names of all persons liable to serve as grand and petit jurors in the Superior Court of said county, to be taken from the list of the said Superior Court, under the supervision of the Judge of said City Court, and to make a new list as often as said Superior Court jury lists are revised, to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the Clerk of said City Court, the Clerk shall make out tickets equal in number to the number of names in said list, write upon each the name of one of said persons, and deposit the same in a box to be provided at public expense and numbered one until there shall be a ticket in said box bearing the name of each person on said list. Jurors. Sec. 32. Be it further enacted, That during the session of said City Court, at each term in open Court, the Judge of said Court or the Judge of the Superior Court, when presiding in said Court, shall draw from said box

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numbered one twenty-four names of persons to serve as jurors at the next term of said City Court and they shall be summoned by the Sheriff or his Deputy as jurors as drawn and summoned in the Superior Court. The Clerk of said City Court shall record the list of names so drawn and then place them in another box to be provided as above stated and numbered two. The Judge of said Court for the first term of said Court held under this Act may draw a jury in the same manner herein provided as soon as he is elected and qualified and have them served five days before said term, but this shall not apply to any other term of said Court. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and shall not be opened by any person except the Judge of said City Court or the Judge of the Superior Court when presiding in his place for the purpose of drawing juries in open Court, except in cases where from failure to draw a jury at term time, or from any other cause it may be necessary to draw a jury in vacation. Should it become necessary to draw a jury in vacation, the judge of said Court, or the Judge of the Superior Court, may at any time, fifteen days before the next term of said Court, in the presence of the Clerk and the Sheriff of said City Court, proceed to draw juries in the same manner as above described. The Clerk shall keep the said jury boxes and the Sheriff of said Court shall keep the key. Juries, how drawn. Sec. 33. Be it further enacted, That the Clerk shall make out a precept containing the names of the persons drawn as above directed, and a summon of each juror and deliver the same to the Sheriff of said City Court fifteen days before the next term of said Court, who shall serve each of said persons by handing a summons personally or by leaving the same at his most notorious place of

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abode at least ten days before the term of said Court at which he is required to attend. Summons for jurors. Sec. 34. Be it further enacted, That the Judge of the said City Court of Jackson shall have power and authority to cause tales jurors to be summoned to serve in place of any juror who is absent or has been excused or who may for any cause be disqualified, and shall have power and authority to cause to be summoned an extra panel of tales jurors of twelve persons whenever in his discretion the business of the Court demands the same and in the same manner as the Judges of the Superior Court may. All the rules regulating jurors in the Superior Court, where not in conflict with this Act, and where no special provision is made in this Act, and where the same may be applicable to the City Court of Jackson shall be applicable to said City Court. Tales.jurors. Sec. 35. Be it further enacted, That in all cases each party shall be entitled to a list of twenty-four jurors from which to strike a jury, and in all civil cases each party shall be entitled to six strikes, and in criminal cases the State shall have five and the defendant seven strikes, and the jury empaneled to try the case shall consist of twelve persons. Jury strikes. Sec. 36. Be it further enacted, That criminal cases in said City of Jackson shall be tried on written accusation setting forth plainly the offense charged, founded on affidavits of the prosecutor and Solicitor of said Court. Before the defendant in said Court shall be placed on trial the Judge of said Court shall inquire of the defendant whether or not he demands a trial by jury. If the defendant does not demand a trial by a jury then said defendant shall be tried before the Court, and if the defendant

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shall demand a trial by a jury such demand shall be entered on the accusation and the trial shall proceed in the manner provided for trial of criminal cases in this Act. If the de-defendant demands a trial by a jury and the said Court is not sitting at a regular term, the Judge shall admit the defendant to bail to appear at the next regular term, and upon the defendant's failure to give bail he shall be committed to jail until the next regular term of said Court. Accusations. Sec. 37. Be it further enacted, That the Judge of the Superior Court of Putts county may send down from the Superior Court of said county all presentments and bills of indictments for misdemeanors to said City Court for trial. Transfer of misdemeanor cases. Sec. 38. Be it further enacted, That it shall be the duty of all the Justices of the Peace and Notaries Public in Butts county to bind over to said City Court all persons charged with misdemeanors committed in the county of Butts. Commitments. Sec. 39. Be it further enacted, That a writ of error shall be direct from said City Court to the Court of Appeals and to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control writs of error and filing bills of exceptions in the Superior Court of this State. Writs of error. Sec. 40. Be it further enacted that in all cases in said Court the same powers and the rights of parties as to the waiver in pleading and practice or procedure or other matter pertaining to the same, shall be allowed and upheld by the laws and rules governing parties in the Superior Courts. Practice. Sec. 41. Be it further enacted, That the Judge of said City Court shall have power to grant new trials in any case,

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civil or criminal, in his Court, upon the same term and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in new trials in the Superior Court shall apply to and govern the same in said City Court. New trials. Sec. 42. Be it further enacted, That all jurors in said City Court of Jackson shall receive the sum of two dollars per day for each day of actual service and shall be paid in the same manner as jourors of the Superior Court are paid. Per diem of jurors. Sec. 43. Be it further enacted, that all suits against joint obligors, joint promisors, co-partners or joint trespassers in which any one or more resides in the county of Butts may be brought in said City Court of Jackson, under the same rules as now govern like cases in the Superior Court; provided , the said City Court has jurisdiction of the subject matter. Suits against joint obligors, etc. Sec. 44. Be it further enacted, That the Solicitor of said City Court of Jackson, in addition to the salary already stated in this Act, for his services in cases carried from said City Court to the Court of Appeals or to the Supreme Court of this State as are paid to the Solicitor of the Superior Courts of this State in cases tried by such Solicitors for similar services, to be paid out of the Treasury of the State as the Solicitors of the Superior Court are paid. Solicitors fees in Court of Appeals and Supreme Court. Sec. 45. Be it further enacted, That the first term of said Court to which it is brought shall be the appearance or return term; the second shall be the judgment or trial term, and all the laws, rules and practice in said Court with reference

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to the terms thereof, and to the continuances, pleadings and trials of causes therein shall be the same as in the Superior Court, unless otherwise provided in this Act. Appearance and trial terms. Sec. 46. Be it enacted, That whenever the Judge of said City Court is, from any cause disqualified from presiding and the Judge of the Superior Court is not present to preside in said Court as provided for in the Constitution, then upon consent of the parties, and upon their failure or refusal to agree, said cause shall be tried by a Judge pro hac vice , selected in the same manner as now provided for in the Superior Courts. Cases in which Judge is disqualified. Sec. 47. Be it further enacted, That all criminal cases tried in said City Court by the Judge, or by him and a jury, the party held liable for the cost shall pay to the judge the sum of three dollars for the county, to be paid to the County Treasurer for general purposes. In all cases commenced, but not tried, the party held liable for the cost shall pay the sum of two dollars, to be disposed of as aforesaid. Cost payable to county. Sec. 48. Be it further enacted, That in all criminal cases tried and disposed of in said City Court of Jackson the cost due the county for the keep of prisoners in such cases shall be collected as are the costs of the officers of the Court. In all cases of acquittal, or where such costs are not collected, which may be due the county, the same shall be charged against the fines and forfeitures as insolvent costs, in favor of the county of Butts, and shall share in the distribution of the fines and forfeitures in said Court, in the same manner as the cost bills of the officers of said Court, and are paid to said officers as their approved bills may appear; provided , the sum due the Solicitor of said City Court shall be paid from the fines and forfeitures before it

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is subject to the liens of the other officers, but no costs shall be paid to the officers of said Court except the Solicitor, only in cases where there is a conviction. Costs in criminal cases. Sec. 49. Be it further enacted, That all moneys arising from the fines and forfeitures in said Court, after the salary of the Solicitor of said Court is paid and all costs due all other officers out of cases tried and convicted or found guilty in said Court is paid, the remaining sum shall be paid by the Solicitor to the County Treasurer for general purposes. Fines and forfeitures. Sec. 50. Be it further enacted, That it shall be the duty of the Solicitor of said Court, at the February term of the Superior Court of Butts county, each year, to lay before the grand jury at said term a statement showing the cases tried and convicted in said Court, and the disposition of same, together with all the money coming into his hands as Solicitor of said Court and the disposition of the same. Reports of Solicitor. Sec. 51. Be it further enacted, That the City Court of Jackson shall be held in the Court House of Butts county. The proper authorities of Butts county shall furnish all records and all necessary books for said City Court as are furnished for the Superior Courts. Court room and records. Sec. 52. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved August 1, 1911.

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LEESBURG, CITY COURT OF, ACT CREATING AMENDED. No. 37. An Act to amend and Act entitled An Act to amend an Act to establish the City Court of Leesburg, in and for the county of Lee; to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor-General and officers thereof, and to define their power and duties; to provide for the pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved August 21, 1906 (see Acts 1906, pp. 253-257) by amending Section 6 of said amendment to said Act, so as to change the qualifications of said Solicitor-General, by providing that said Solicitor shall be 23 years of age and shall have been a practicing attorney at least one year and six months next prior to election, and to provide for his compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section six of the aforesaid Act be, and the same is, hereby amended as follows: by striking the word twenty-four in the ninth line, and substituting therefor twenty-three, and striking the word two in the tenth line and substituting therefor one and one-half, and by striking the word salary in the fifteenth line and substituting therefor the word compensation, and inserting between the words Lee county and to be drawn the following and if fees are allowed him he shall receive from the fine and forfeiture fund of said Court similar fees as are allowed the Solicitor of the Superior Court for like

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services, which shall be paid and distributed according to the laws appertaining to the Superior Court, as to solvent and insolvent costs, and if his compensation is a fixed salary it is so that said Section when amended shall read as follows: Be it further enacted, That there shall be a Solicitor-General of said City Court of Leesburg, who shall be elected by the qualified voters of said county of Lee, in the same manner as the Judge of the City Court is elected, commencing with the general election to be held in 1908, for the term commencing January the first, 1910, said Solicitor until said election, to be appointed as heretofore, whose term of office shall be two years, and all vacancies shall be filled in like manner as vacancies in the office of Judge. He must be at least twenty-three years of age, and must have been a practicing attorney at least one and one-half years next prior to election, and a resident of Lee county for one year. He shall prosecute all offenses cognizant before the Court, and shall represent the State in each case carried to the Superior Court from said City Court. He shall draw all accusations for the trial of offenses in said City Court. He shall receive a compensation to be fixed by the grand jury of said county, and if fees are allowed him he shall receive from the fine and forfeiture fund of said Court similar fees as are allowed the Solicitor of the Superior Court for like services, which shall be paid and distributed according to law appertaining to the Superior Court, as to solvent and insolvent costs, and if his compensation is a fixed salary it is to be drawn from the treasury of Lee county in like manner as the salary of the Judge of said Court is fixed and drawn; provided , that in his absence or disqualification the Judge of said City Court shall appoint a Solicitor pro tem. City Court of Leesburg. Solicitor, election, etc.

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Sec. 2. Be it further enacted by the authority aforesaid, That the distribution of the fines and forfeitures to fees and insolvent costs, in said Court since its establishment according to the law governing such distribution in the Superior Court, shall be legal and binding where the grand jury of said county have recommended regular fees as compensation for all or any of the officers of said Court. Fines and forfeitures. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 9, 1911. LOUISVILLE, CITY COURT OF ESTABLISHED. No. 236. An Act creating the City Court of Louisville, Georgia, for the county of Jefferson; to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor and to provide for other officers thereof; to define their powers and duties and to provide for the compensation of said officers; to provide for pleading and distress on new trials therein; writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Louisville be located in the City of Louisville, in the county of Jefferson, is hereby established and created with civil and criminal jurisdiction over the whole county of Jefferson concurrent

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with the Superior Court, to try and dispose of all civil cases of whatever nature except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Jefferson; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the Superior Court, either under the common law or statute, including among others attachment and garnishment proceedings, illegalities, counter affidavits to any proceeding from said Court, statutory awards, proceedings against intruders and tenants holding over, partitions of personality, issues upon distress warrants, foreclosures of all levies and mortgages. City Court of Louisville, established. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for a term of two years and any vacancy in said office of Judge shall be filled by the Governor by appointment for the unexpired term by and with the advice and consent of the Senate, if then in session, and if not subject to its approval, at its next session the first appointment to this office shall be made if the Senate be not then in session, in the same manner as in filling vacancies for Judges of City Courts. The Judge of said City Court shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly by the Treasurer of Jefferson county, and it shall be the duty of the Commissioner of Roads and Revenue of said county or of other proper officers, to make provision annually in levying taxes for this purpose. The

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Judge shall receive no other compensation, he may practice law in any other Court except his own Court. Judge, appointment, etc. Sec. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Judgeship unless he shall be at the time of his qualification at least twenty-five years of age; a resident of Jefferson county for two years immediately preceding his appointment, and must have been for five years a practicing attorney at law next preceding his appointment. He shall, before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person an do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as Judge of the City Court of Louisville, of this State, according to the best of my ability and understanding, agreeable to the laws and statutes of this State and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Qualifications and oath of Judge. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court, which shall be appointed at the same time and in the same manner as the Judge of said City Court, whose term of office shall be two years and whose duty shall be to prosecute all offenses cognizable before said City Court. Said Solicitor shall be at least twenty-two years of age and a resident of Jefferson county for two years and a practicing attorney. All vacancies in such office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of Judge. The said Solicitor shall be allowed the same fees for each written accusation as are allowed the Solicitor-General for each indictment in the Superior Court

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and his fees for all other services rendered shall be the same as are allowed the Solicitor-General in the Superior Court. In the absence or disqualification of the said Solicitor, the City Court Judge shall appoint a Solicitor pro tem. and all the provisions of this Act relating to the Solicitor shall apply to the Solicitor pro tem. so far as regards his duties and fees. Solicitor, appointment, etc. Sec. 5. Be it further enacted by the authority aforesaid, That the said Solicitor of the said City Court of Louisville shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear I will faithfully and impartially and without fear of conviction, discharge my duties as Solicitor of the City Court of Louisville, so help me God, which oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said Solicitor of said City Court shall also give bond with good security in the sum of $5,000.00 made payable and continued the same as bonds of Solicitors-General of this State, which said bond shall be filed and kept in the same manner as bonds of Solicitors-General are filed and kept. Solicitor, oath and bond. Sec. 6. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Jefferson county shall be by virtue of his office, Clerk of said Court, and shall receive the sum of two dolars per day for attending the regular session of said Court and shall give a bond with good security in the sum of one thousand (1,000) dollars for the faithful discharge of his duties, made payable and filed as bonds of Clerks of the Superior Court are made payable and filed. Clerk, etc. Sec. 7. Be it further enacted, That the Sheriff of Jefferson county and his deputies shall be by virtue of their

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office, Sheriff and Deputy Sheriffs of the City Court of Louisville. Said Sheriff shall receive $2.00 per day for his services at the regular term of said Court. Before entering upon the discharge of the duties of his office, said Sheriff shall execute a bond with good security in the sum of one thousand ($1,000) dollars for the faithful discharge of the duties of his office, made payable and filed as bonds of Sheriffs are made payable and filed. Sheriff. Sec. 8. Be it further enacted, That all the duties and liabilities attached to the office of Clerk of the Superior Court and to the office of Sheriff, shall be attached to the office of Clerk of the City Court of Louisville, and to the office of the Sheriff of the City Court of Louisville respectively, and that the Judge of said City Court of Louisville is empowered to enforce the same authority over the said Clerk and Sheriff and their deputies as is exercised by the Judge of the Superior Court over the Clerk of the Superior Courts and the Sheriffs of the counties of Georgia. Duties and liabilities of Clerk and Sheriff. Sec. 9. Be it further enacted by the authority aforesaid, That unless otherwise specified in this Act, the Clerk and Sheriff of said City Court and their deputies shall receive the same fee for all services as are allowed by law for like services in the Superior Court. They shall be amenable to the same process and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the Superior Court. Fees of Clerk and Sheriff. Sec. 10. Be it further enacted, That the Judge of said City Court shall have the power to issue and hear and dispose of writs of habeas corpus in the same way and with the same power as the Judge of the Superior Court. Writs of habeas corpus.

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Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said City Court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Monday in each month, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion of the Judge, until the business is disposed of. When the monthly and quarterly sessions fall upon the same day, the business of the monthly session shall be first disposed of and immediately upon the disposition of the business of the monthly session, the Judge shall convene the Court in quarterly session. Suits for not exceeding one hundred ($100.00) dollars principal and all proceedings and issues when not over one hundred ($100.00) dollars in value is involved, shall be returned to the monthly session of said Court, and shall stand for trial at the first term. Ordinary suits brought to the monthly term shall be field in the Clerk's office of said Court at least fifteen days before the term, to which they are returnable and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly term in like manner as suits are now brought in the Superior Court, and the first term of the said quarterly session shall be the appearance term; provided , that in all suits brought in said City Court final judgment may be entered by default at the first term to which the cause is returnable unless a plea or defense is filed under the terms governing the filing of pleas in the Superior Court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term where parties consent. Terms of Court.

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Sec. 12. Be it further enacted by the authority aforesaid, That the terms of said Court shall be held at the court house in the City of Louisville, Ga., and the Judge of said Court is hereby empowered to hold adjourned terms of the regular monthly and quarterly terms of said City Court for which he may draw new juries or require the attendance of the same jurors drawn for the regular term. Special terms. Sec. 13. Be it further enacted, That suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Court except as hereinafter provided; the process to writs shall be annexed by the Clerk of said City Court, be tested in name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Louisville, or the deputies thereof. Procedure. Sec. 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice, the laws governing the Superior Court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said City Court. Practice. Sec. 15. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal, shall be tried in said Court by a jury of six, except where by consent of parties a civil case is tried by the Judge upon an agreed statement of facts. Trials. Sec. 16. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien on all property of the defendant, or defendants, throughout the State in the same manner as judgments of the Superior Court are; but property exempt from levy

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and sale under laws of this State shall be exempt from levy and sale under process from said Court, and all executions issuing from said Court shall be tested in the name of the Judge and signed by the Clerk and directed to the sheriff, or special deputy sheriffs of the said City Court of Louisville, and to all and singular the Sheriffs or their deputies, of the State of Georgia. Lien of judgments. Sec. 17. Be it further enacted by the authority aforesaid, That said Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said Court, and such claims shall be tried in the same manner as claims in the Superior Court. Claim cases. Sec. 18. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said City Court shall be returnable to the Superior Court of the county where such real property is situated, and there shall proceed as other claims in the Superior Court. Claims to realty. Sec. 19. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in Superior Courts of this State shall apply to said City Court as if named with the Superior Court, so far as the nature of the City Court will admit. Attachments in said Court returnable to said Court, shall be directed to the Sheriff or the deputy sheriff of the City Court of Louisville, and to all and singular the Sheriffs and constables of this State, and the Judge of said City Court, or any justice of the peace or notary public may issue attachments returnable to said City Court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Attachments and garnishments.

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Sec. 20. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and proceedings on distress warrants in said City Court shall be conformable to the laws of the State on the subject in the Superior Court. Practice. Sec. 21. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court. Parties, how made. Sec. 22. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suit, or witnesses by interrogatories, or under subp[UNK]nas, witnesses and their attendance, continuances, or other matters of a judicial nature, within the jurisdiction of said City Court, except as otherwise provided in this Act, shall be applicable to said City Court. Procedure. Sec. 23. Be it further enacted, That the Judge of said City Court shall have power to cause testimony to be taken and used de bene esse , and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the Judge and all other officers of said City Court shall have the power, respectively, to administer all oaths pertaining to their office as the Judge and other officers of the Superior Court may in like cases do; and said Judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the Judge of said City Court shall have all the powers and authority throughout his jurisdiction of Judges of the Superior

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Courts, except such power and authority as under the Constitution and laws are vested exclusively in the Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior Courts shall apply to the Judge of said City Court, so far as the same may be applicable, except as herein provided. Said Judge is hereby empowered to appoint at any time a special Bailiff to serve the processes of said Court in any case pending in Court and service by said Bailiff shall be deemed legal service. Powers of Judge. Sec. 24. Be it further enacted by the authority aforesaid, That the said City Court of Louisville shall be a Court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules, to be kept for the Superior Court, shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Court shall apply to them in said City Court, except where they conflict with the provisions of this Act. Court of record. Sec. 25. Be it further enacted, That all laws regulating the enforcement of judgments of the Superior Court, whether civil or criminal, shall apply to said City Court. The Judge of said Court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce his judgments as is vested by law in the Judges of the Superior Courts of this State. Judgments, how enforced. Sec. 26. Be it further enacted, That sales made under executions or other process from the quarterly term of said City Court shall be governed by the same rules and regulations as under Superior Court executions, and sales made under executions or other process from the monthly

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term of said Court may be made after advertising the property ten days before the court house door and at two other public places in Jefferson county; provided , that all levies upon land shall proceed in the same way as are usual in like cases in the Superior Courts. All other sales shall be made under rules prevailing and governing in the Superior Courts. All bonds returnable to the Superior Court shall follow the case to the City Court, when so transferred, and the defendant in such case shall be bound to appear at said City Court at its first monthly term after such bill is transferred. Sales under executions from said Court. Sec. 27. Be it further enacted, That all suits against obligors, joint obligors, joint promisors, co-partners, or joint trespassers, in which any one or more resides in the county of Jefferson, may be brought in said Court within its jurisdiction as already stated, under the rules and regulations governing such cases in the Superior Court, mutatis, mutandis , as to copies, second originals, returns and other matters connected with the suit. Suits against joint obligors. Sec. 28. Be it further enacted, That it shall be the duties of the Justices of the Peace and Notaries Public of Jefferson county to bind over to said City Court all persons charged with the offenses committed within the limits of Jefferson county over which said City Court has jurisdiction. Appearance bonds. Sec. 29. Be it further enacted, That it shall be the duty of the Clerk of said City Court of Louisville to prepare and file in his office a complete copy of the jury lists of the Superior Court of Jefferson county as provided from time to time for said Superior Court. From said copy so made jurors in said City Court shall be drawn in the following

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manner. The Clerk of said City Court shall write upon separate tickets or slips the name of each juror and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn, for each term, whenever necessary, twelve jurors in the manner as now required by law in the Superior Court. For the quarterly sessions of said Court, which are to be held on the same day as the monthly sessions in the months of January, April, July and October, no juries shall be drawn but the juries drawn for said monthly sessions falling on the same day as said quarterly sessions shall serve as jurors for both monthly and quarterly sessions at said terms. All laws with reference to the drawing, selecting and summoning traverse and tales jurors in the Superior Courts shall apply to the City Court, except that the Sheriff shall be paid three dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Jefferson shall apply and be of effect in the said City Court. No jury shall be summoned for any term when not deemed necessary by the Judge of said Court. Jurors, how listed and drawn. Sec. 30. Be it further enacted, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors now in force in this State, or hereinafter enacted by the General Assembly, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. Practice. Sec. 31. Be it further enacted, That twelve jurors drawn and summoned as above provided, shall be empaneled and in all cases a trial by jury of six shall be had in said Court. In civil cases each party shall be entitled to three strikes and in criminal cases the State shall be

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entitled to two strikes and the defendant to four strikes. Upon demand any party in a civil case and any defendant in a criminal case shall have the right to a jury of twelve, and when demand is made for a jury of twelve, a list of 24 jurors shall be furnished and each party shall be entitled to the same number of strikes as in the trial of cases in the Superior Court. The Judge is hereby empowered to complete the panel in any case by talismen, the jurors thus drawn on the regular panel are likewise talismen, which the Judge of said Court is empowered to summon instanter, shall each receive the sum of two dollars ($2.00) per day while serving in said Court, the sum to be paid under the rules governing the payment of Superior Court jurors. Juries and jury strikes Sec. 32. Be it further enacted, That upon the trial of any case it shall appear to the Judge that the evidence makes the case a felony case against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next Superior Court as in preliminary examinations. Felonies. Sec. 33. Be it further enacted, That the defendants in criminal cases in said City Court shall be tried on a written accusation, setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the Solicitor of the said City Court, and in all criminal cases within the jurisdiction of said Court, the Defendant shall not have the right to demand an indictment by the grand jury of Jefferson county. All the proceedings after the accusation shall conform to the rules governing like cases in the Superior Court. In all cases tried the accusation shall set forth the offense charged with the same particularity both as to matter of form and substance as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. Accusations and trials.

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Sec. 34. Be it further enacted, That the Judge of the Superior Court shall send down from the Superior Court of Jefferson to the said City Court for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court, and the order transmitting such cases shall be entered on the minutes of both of the said cause shall be tried by a Judge pro hac vice , selected vacation. Transfer of misdemeanor cases. Sec. 35. Be it further enacted, That whenever the Judge of said City Court is from any cause disqualified from presiding and the Judge of the Superior Court cannot from any cause preside in said Court, then upon consent of the parties or upon their failure or refusal to agree, said cause shall be tried by a Judge pro hac vice , selected in the same manner as now provided for in the Superior Court. Cases in which the Judge is disqualified. Sec. 36. Be it further enacted, That in case of the absence of the Judge of said Court at any term thereof, the Sheriff or Clerk of said Court may adjourn it to such time as the Judge may in writing direct, or if no direction be given, the Court shall be adjourned until the next regular term. Judge absent. Sec. 37. Be it further enacted, That in all civil cases brought by ordinary petition in said Court, in which the principal amount, not including attorneys fees, is less than one hundred dollars, the cost shall be as follows: The Sheriff shall receive for serving same, the sum of one dollar ($1.00) for each copy served, and the Clerk shall receive two dollars ($2.00) for his whole service in connection with said case. Where the principal amount involved is one

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hundred dollars ($100.00) or more, the Sheriff shall receive $2.00 for each copy served, and the Clerk shall receive $4.00 for his whole services in connection with said case. In all other cases except as hereinafter provided, the costs shall be the same as in the Superior Courts of this State. Fees of Clerk and Sheriff. Sec. 38. Be it further enacted, That the County Commissioners of the county of Jefferson or other proper officers shall provide a suitable place in the court house in the city of Louisville for holding said Court, and provide necessary books for keeping the dockets, minutes and records of said City Court, said authority shall provide an office in said court house for the Judge of said City Court. Court room and records. Sec. 39. Be it further enacted, That this Act shall go into effect on the 1st day of November, 1911, and the first regular term of said Court shall be held on the third Monday in November, 1911. Act, effective when. Sec. 40. Be it further enacted, That within ten days after each regular term of said City Court, and oftener if he should see proper to do so, the Judge of said City Court shall distribute the fines and forfeitures arising from cases tried in said Court as follows: Fines and forfeitures arising from cases originating in this Court shall be prorated between the Solicitor, Clerk and Sheriff of said Court on their insolvent cost bills, and also with the justices of the peace and constables on their insolvent cost bills; fines and forfeitures arising from cases transferred from the Superior Court to the said City Court shall be prorated between the Solicitor, Clerk and Sheriff of said City Court, and the Solicitor of the Superior Court and the Justices of the Peace and Constables upon their bills of insolvent cost in such transferred cases. If at any time there should be a surplus after paying said insolvent cost bills, it shall be

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paid over to the Treasurer of Jefferson county for the general fund of said county. No officer shall receive any money on his insolvent cost unless he has been first transferred by the Judge of said City Court and placed on the minutes thereof. Said insolvent cost bills shall be a lien on said funds arising from fines and forfeitures in said Court superior to all other claims. All fines and forfeitures in said Court shall be collected by the Sheriff of said Court and by him turned over to the Clerk thereof, who shall make the distribution upon the order of the Judge in accordance with the foregoing provisions from the insolvent bills as they appear of record on the books of said Court. Fines and forfeitures. Sec. 41. Be it further enacted, That in each criminal case in said City Court where the defendant is convicted and sent to the chaingang of Jefferson county to work on the public roads of said county, as provided by law, the county shall pay to all the officers of Court and also to the Justices of the Peace and Constables of said county, their entire costs in each of said cases, which shall be paid out of the Treasury by the Treasurer of Jefferson county upon the order of the Judge of said Court. Costs in criminal cases. Sec. 42. Be it further enacted, That all cases both civil and criminal and proceedings of any nature standing on the dockets of the County Court of Jefferson county on the 1st day of November, 1911, shall be transferred to the City Court of Louisville and shall proceed as if originating therein, and the books of said County Court shall be so transferred. All proceedings returnable to the said County Court shall become returnable to the City Court of Louisville. Cases pending in County Court transferred. Sec. 43. Be it further enacted, That the Judge of said City Court shall have the power to grant a new trial in

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any case, civil or criminal, in his Court upon the same terms and under the same laws and regulations in every respect governing the granting of a new trial in the Superior Court. All rules of pleading, practice and procedure governing motions, rules nisi , and other proceedings in new trials in Superior Court shall apply to governing the same in the City Court. New trials. Sec. 44. Be it further enacted, That writs of error shall lie direct from said City Court to the Supreme Court or Court of Appeals under the same rules and regulations as are now provided by law for writs of error from the Superior Court. Writs of error. Sec. 45. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. McRAE, CITY COURT OF, ACT CREATING AMENDED. No. 163. An Act to amend an Act entitled An Act to establish the City Court of McRae, in the city of McRae, in and for the county of Telfair, to define its jurisdiction and powers, to provide for the appointment of a Judge and other officers thereof, to define their powers and duties, and for other purposes, approved August 3, 1905, by striking Section 29 therefrom and substituting in lieu of said Section 29 a Section providing the number of

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jurors in said City Court and how the jury shall be made up, by providing how the same shall be selected or stricken, by providing that all cases to be tried by jury in said Court shall be tried by a jury of eight, and by providing that any party may demand a jury of twelve to try any cause in said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 3, 1905, entitled An Act to establish the City Court of McRae, in the city of McRae, in and for the county of Telfair, to define its jurisdiction and powers, to provide for the appointment of a Judge and other officers thereof, to define their powers and duties, and for other purposes, be and the same is hereby amended by striking therefrom Section 29 thereof, as follows, towit: Section 29. Be it further enacted by the authority aforesaid, That from said panel of twenty-four jurors, drawn and summoned by the provisions of this Act, the Judge shall make up two juries, which shall be known and distinguished as juries numbers one and two, and all cases and issues to be tried by a jury, civil or criminal, at and during that term of said Court shall be tried by one of these or by a jury stricken from both as hereinafter provided. In case for any cause said panel should be reduced below twenty-four, the Judge of said City Court shall fill it by causing talesmen to be summoned or caught instanter. In criminal cases being tried before a jury the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases being tried before a jury the plaintiff and defendant shall each be entitled to six peremptory challenges, and all laws and rules, both civil and criminal, relating to the selection of traverse juries in

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the Superior Courts shall apply to said City Court, except when inconsistent with the provisions of this Act, and by substituting in lieu of said Section the following, so that said Section and Act, when amended, will read as follows, to-wit: Section 29. Be it further enacted by the authority aforesaid, That all causes, both civil and criminal, in said City Court of McRae, in which a trial by jury shall be demanded, shall be tried by a jury of eight; provided , that any party in any cause, civil or criminal, in said Court may demand, and shall then be entitled to trial of such cause by a jury of twelve in said City Court. Unless otherwise demanded from the jurors drawn, summoned and caught under the provisions of this Act, the Court shall cause to be made up for the trial of each case in which a trial by jury shall be demanded, a panel of sixteen jurors qualified to try such cause from which a jury of eight shall be selected or stricken to try such case. Should a trial by a jury of twelve be demanded in any cause in said Court, the Judge from the jurors empaneled under the provisions of this Act shall cause a panel of twenty jurors qualified to try such case to be made up, from which panel a jury of twelve shall be selected or stricken to try such cause. In all criminal cases the defendant shall be entitled to five peremptory challenges of the jurors constituting the panel to try the case and the State shall have three peremptory challenges of the jurors on the panel to try the case; and in civil cases the plaintiff and defendant shall each be entitled to four peremptory challenges of the jurors constituting the panel to try the cause. Each party shall challenge the jurors alternately, the defendant in criminal cases having the first challenge or strike, and in civil cases the plaintiff having the first challenge or strike. In event either party fails to use all the challenges to which they may be entitled, then the Court if this panel be of sixteen jurors,

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shall have called the first eight jurors remaining on the panel unchallenged, or if the panel of twenty shall have called the first twelve jurors remaining on the panel unstricken, which jurors shall constitute the jury to try the case. The Court may at any time draw, cause to be summoned or caught instanter such number of jurors to serve in said Court for the purpose of trial of cases therein as may, in the discretion of the Court, be necessary to expedite the business of the Court and the trial of causes in said City Court. All laws and rules, both civil and criminal, relating to the selection of traverse jurors in the Superior Court of said county of Telfair shall apply to said City Court and the selection of jurors therein except when inconsistent with the provisions of this Act. City Court of McRae. Jurors, how impaneled. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. MADISON, CITY COURT OF, ACT CREATING AMENDED. No. 40. An Act to amend an Act to establish the City Court of Madison, in the city of Madison, in and for the county of Morgan, etc., approved August 15, 1910, so as to increase the pay of the Sheriff for summoning jurors in said Court; to fix the compensation of the stenographer of said Court for transcribing the record in criminal cases, and to provide how the same shall be paid, and for other purposes.

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Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 26 of an Act entitled an Act to establish the City Court of Madison, in the city of Madison, in and for the county of Morgan, approved August 15, 1910, be, and the same is, hereby amended by striking out the word three in the 15th line of said Section 26 and inserting in lieu thereof the word five, so that said Section, when so amended, shall read as follows: Section 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Court of Madison to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Morgan county, as provided from time to time for such Superior Court. From said copy so made, traverse jurors of said City Court shall be drawn in the following manner: The Clerk of said City Court shall write upon separate tickets the name of such traverse juror, and shall number the same and place them in a box to be prepared for the purpose, from which shall be drawn eighteen traverse jurors in the manner as is now required by law in the Superior Court. All laws with reference to drawing and selection, summoning traverse jurors in the Superior Court shall apply to the City Court; except that the Sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now of force in the county of Morgan shall apply to and be of effect in said City Court. City Court of Madison. Jurors, how listed and drawn. Sec. 2. Be it further enacted by authority of the same, That Section 48 of said Act shall be amended by striking from said Section after the word defendant in the 18th line of said Section, the following words: without further compensation. The fees of said stenographer to be paid out of the Treasury of Morgan county by the Treasurer of

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said county, for criminal work in said Court. And inserting in lieu thereof the following words: Said stenographer shall receive the same compensation for transcribing all stenographic notes as are now paid stenographers of the Superior Courts of this State for transcribing stenographic notes in civil cases. The fees of said stenographer for reporting criminal cases and for transcribing the same whenever the Solicitor or Judge of said Court shall request the same to be done shall be paid out of the Treasury of Morgan county by the Treasurer thereof; and whenever the defendant in any criminal case shall request the stenographic notes to be transcribed, such defendant or his attorney at law shall pay for such transcript, so that said Section, when amended, shall read as follows: Section 48. Be it further enacted by the authority aforesaid, That there shall be a competent stenographer for said City Court of Madison, appointed by the Judge thereof, and in all civil cases in the said Court, the same to be reported at the request of either the plaintiff or the defendant, and the fees for reporting such cases shall be the same as are allowed for similar services in the Superior Court to be paid by plaintiff and defendant equally, and in the final disposition of the case to be taxed against the losing party as other costs, and said stenographer shall have the right to enforce the payment of his fees, as in the Superior Courts. Said stenographer shall report all criminal cases when either the defendant or the State's attorney shall demand it. Said stenographer shall be paid for his services ten dollars for each day's work, while actually engaged in reporting criminal business, and it shall be his duty to transcribe all stenographic notes when so required by either the State or the defendant; said stenographer shall receive the same compensation for transcribing all stenographic notes as are now paid stenographers of the Superior Courts

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of this State for transcribing stenographic notes in civil cases. The fees of said stenographer for reporting criminal cases and for transcribing the same whenever the Solicitor or Judge of said Court shall request the same to be done, shall be paid out of the Treasury of Morgan county by the Treasurer thereof, and whenever the defendant in any criminal case shall request the stenographic notes to be transcribed, such defendant or his attorney at law shall pay for such transcript; the county paying for the report in all criminal cases. Stenographer, fees of. Sec. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1911. Note.The ommission in the second line of Sec. 26 after the word duty occurs in the engrossed and enrolled copies of this Act.Compiler. MILLEN, CITY COURT OF ABOLISHED. No. 14. An Act to repeal An Act to establish a City Court of Millen, in and for the county of Jenkins, approved August 22nd, 1907; to provide for the disposition of all cases, matters, papers, processes, whether mesne or final, therein pending, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved August 22nd, 1907, entitled An Act to establish the City Court of Millen, in and for the county

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of Jenkins; to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor and other officers thereof; to provide for their compensation; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, establishing the City Court of Millen, be, and the same is, hereby repealed. City Court of Millen, Abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all the unfinished business pending in said City Court of Millen be transferred to the Superior Court of Jenkins county, Georgia, and there disposed of as if originally brought in the Superior Court of Jenkins county, and that all cases arising from judgments in said City Court of Millen, or executions, or other processes issuing from said City Court of Millen, be returned to the Superior Court of Jenkins county and there disposed of as if upon suits originally pending in said Court. Pending business transferred to Superior Court. Sec. 3. Be it further enacted by the authority aforesaid, That the officers of said City Court of Millen shall turn over to the officers of the Superior Court of Jenkins county all records, dockets, papers, processes and books belonging to the City Court of Millen. Disposition of records. Sec. 4. Be it further enacted by the authority aforesaid, That all the offices in connection with the said City Court of Millen be, and the same are, hereby abolished. Sec. 5. Be it further enacted by the authority aforesaid, That all cases pending in the City Court of Millen, of which the appearance term has passed upon the passage of this Act, shall be considered as having had their appearance term, and the next term of the Superior Court of

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Jenkins county shall be the trial term for such cases; that in cases brought to the City Court of Millen in which there shall not have been an appearance term at the time of the passage of this Act, the next term of the Superior Court of Jenkins county shall be the appearance term for such cases. Appearance terms of pending cases. Sec. 6. Be it further enacted by the authority aforesaid, That all the laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911. MILLEN, CITY COURT OF ESTABLISHED. No. 79. An Act to establish the City Court of Millen, in and for the county of Jenkins; to define its jurisdiction and powers; to provide for the election of a Judge, Solicitor, Clerk and Sheriff; to provide for their compensation; to define their duties and powers; to provide for pleading and practicing and new trials in said Court, and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That upon the approval of the majority of the voters of Jenkins county, Georgia, in an election to be held as hereinafter provided, there shall be established the City Court of Millen, in the county of Jenkins, and located in the city of Millen, with civil and criminal jurisdiction over the county of Jenkins, concurrent with the Superior Court,

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to try and dispose of all civil cases of whatever nature except those of which the Constitution of the State has given the Superior Court exclusive jurisdiction. The jurisdiction herein conferred shall include not only ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the Superior Court in or under the common law or by statute, including among others attachments, garnishment proceedings, illegalities, counter affidavits to any proceedings from said Court, statutory award, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages on personalty and any other matters where jurisdiction is not solely vested in the Superior Courts. City Court of Millen, establishment of election for. Jurisdiction. Sec. 2. That said City Court of Millen shall have jurisdiction over all misdemeanors committed in Jenkins county. Misdemeanors. Sec. 3. There shall be a Judge, Solicitor, Clerk and Sheriff of said Court whose powers and duties shall correspond with those of such officers, of the Superior Courts of said case. Such Judge and Solicitor shall each be a practicing attorney of at least one year's experience, at least twenty-one years of age, and at the time of the election a resident of Jenkins county. Said Judge and Solicitor shall each receive fifty dollars per month to be paid by the county of Jenkins. In all cases where the principal sum involved is less than one hundred dollars, the costs of the Clerk and Sheriff of said Court shall be one-fourth of the costs of such officers of the Superior Court; in all cases where the principal sum involved is over one hundred dollars and not exceeding three hundred dollars, their costs shall be one-half the cost of such officers in the Superior Court; and in all cases where the principal sum involved exceeds three

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hundred dollars, the costs of such officers shall be the same as the costs of such officers in the Superior Court. Officers of Court. Sec. 4. Before entering upon the duties of his office, the Judge of said Court shall take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to person, and with equal right to all parties, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as Judge of the City Court of Millen, according to the best of my ability and understanding, agreeable to the Constitution and laws of the United States and the State of Georgia. Which oath shall be filed in the Executive Department of the State. Oath of Judge. Sec. 5. The Judge of said Court shall be vested with all the powers vested in the Judge of the City Court of Millen under an Act approved August 22nd, 1907, and found in the laws of Georgia of 1907, commencing on page 197 and ending on page 211. Powers of Judge. Sec. 6. The said Court shall be held bi-monthly; the terms thereof shall commence on the third Monday of the months of January, March, May, July, September and November of each year, and shall hold from day to day until the business of said Court is disposed of. The first term of said Court shall convene on the third Monday in January, 1912. Terms of Court. Sec. 7. The practice of said Court in all matters shall conform to and be the same as practice in Superior Courts. Unless a jury is demanded by either party in any civil case, or the defendant in any criminal case, the Judge may try said case without a jury. Practice.

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Sec. 8. In addition to the provisions in the Superior Court for a Judge pro hac vice when the Judge of the City Court is disqualified or from other cause, cannot act or hold Court, the Judge of any other City Court or of the Superior Court of the Middle Circuit may preside in said case or hold such Court. Cases in which Judge is disqualified. The Judge of said City Court may likewise preside in other City Courts when called upon. Sec. 9. Said Court shall be a Court of record and the Clerk thereof shall keep such records as are required kept by the Clerk of the Superior Court. Court of record. The Judgments and executions in said Court shall have the same force and effect as judgments issued from the Superior Court. The practice in all matters conforming to the practice in the Superior Court and the officers of said City Court shall have the same powers and rights in the execution of papers and processes as corresponding officers in Superior Courts. Lien of judgments. Sec. 10. The Judge of said Court shall have the same power to enforce his order, preserve order, punish for contempt and to enforce his judgments as is vested by law in the Judges of the Superior Court. Contempt. Sec. 11. The same rules of practice shall prevail in said Court as in the Superior Court in the preparation of the jury list and box and in the drawing, summoning and empaneling and selecting juries in said Court. Juries, how impaneled. Sec. 12. The incidental expenses of said Court shall be paid by the County Treasurer of Jenkins county out of the general funds upon the presentation of orders properly signed by the Judge. Incidental expenses.

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Sec. 13. It shall be the duty of committing Courts in the county of Jenkins to bind over or commit to said City Court all persons committed or admitted to bail by them for misdemeanor. Appearance bonds. Sec. 14. In all cases where the grand jury of Jenkins county has found indictments or presentments charging any person with a misdemeanor said cases may be transferred to the City Court of Millen for trial. In all criminal cases arising in said Court, except for indictment or presentment from the Superior Court, the defendant shall have a right to demand a preliminary hearing by a magistrate of Jenkins county before being arraigned which may be waived by him and may also demand an indictment by the grand jury of Jenkins county. When an indictment is demanded the defendant shall be committed to jail upon default in the giving of such bond as may be required. Transfer of misdemeanor cases, etc. Sec. 15. The Judge of said Court shall have the right to hear and determine all motions for new trial in said Court under the same rules and regulations applying to same in the Superior Courts. New trials. Sec. 16. Writs of error shall lie from said Court to the Court of Appeals of this State upon bills of exception under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exception in the Superior Courts of this State. Writs of error. Sec. 17. All suits against joint obligors, joint promisors, co-partners or joint trespassers, in which any one or more reside in the county of Jenkins may be brought in said Court under the same rules governing such cases in Superior Courts, mutatis mutandis , as to copies second originals, returns and other matters connected with the

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suit. All processes running in other counties may be directed to the Sheriff of said county and be served by the Sheriff of such county or his Deputy or Sheriff or Deputy Sheriff of any City Court of such county. Such officers shall have power and authority to likewise executive in their counties all judgments, executions, or final processes of said Court, and to levy executions from said Court on any property of any defendant regardless of whether said defendant resides in the county of such officer, where property of such defendant may be found in the county of such officer. Suits against joint obligors, etc. Sec. 18. The first term in said Court shall be the appearance term, the second term the trial term; any case may be tried at the first term, provided , all parties thereto consent. In all civil cases where the amount involved does not exceed one hundred dollars, and the defendant makes no appearance or answer, judgment may be entered by default at the first term. Appearance and trial terms. Sec. 19. The fines and forfeitures of said Court shall be distributed by the Judge thereof among the officers of said Court and the magistrates and constables of Jenkins county under the same rules as prevail in the Superior Courts. Fines and forfeitures. Sec. 20. At the election to be held on the first or second Wednesday in October, 1911, for the purpose of electing Commissioners of Jenkins county, this Act shall be submitted to the qualified voters of said county and those favoring the establishment of this Court shall place upon their ballot For City Court; those opposed shall place upon their ballot Against City Court, and if at such election the majority of votes cast shall be in favor of the

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City Court, said Court shall become established under the conditions and terms of this Act. At said election, there shall also be elected a Judge, Solicitor, Clerk and Sheriff of said Court, and if the Court is established said officers shall hold their office until the next regular election for county officers for Jenkins county, at which time their successors shall be elected as the other county officers of said county are elected, holding said offices for the term of two years. Should a vacancy occur in the office of the Clerk or Sheriff the judge of said Court shall, by appointment, fill said vacancy until the next general election. Should a vacancy occur in the office of Judge or Solicitor, the Ordinary of Jenkins county shall call an election to be held in said county for the purpose of filling such vacancy upon such rules as govern the election for filling of other vacancies in county offices. Election to establish Court and for officers. Sec. 21. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved August 17, 1911. MOULTRIE, CITY COURT OF ABOLISHED. No. 207. An Act to repeal an Act entitled An Act to establish the City Court of Moultrie, in and for Colquitt county, Georgia; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein

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and writs of error thereform, and for other purposes, approved November 13th, 1901, and also to repeal all laws amendatory of or in relation to said Act, and to submit the ratification of this Act to a vote of the people, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act to establish the City Court of Moultrie, in and for Colquitt County, Georgia; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error thereform, and for other purposes, approved November 13th, 1901, together with all amendatory Acts approved December 17th, 1902; July 30th, 1903; August 20th, 1906; August 17th, 1908; August 6th, 1909, be, and the same is, hereby abolished, and the said Act and all Acts amendatory thereof are hereby repealed. City Court of Moultrie, abolished. Sec. 2. Be it further enacted by the authority aforesaid, That any and all business of every kind and nature pending in said Court be, and the same are, hereby transferred to the Superior Court of said county of Colquitt, there to be tried and disposed of under the same rules of practice as exist in said Superior Court, and it is and shall be the duty of the Solicitor-General of the Southern Judicial Circuit to pay over to all the officers of the said City Court of Moultrie of any and all costs, fines and forfeitures that he hereafter collects that comes from and arises out of the business so transferred to said Superior Court. Pending business transferred to Superior Court. Sec. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not be operative

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or go into effect until the provisions herein shall have been submitted to an election of the people of said county and voted on by the qualified voters of said county, said election for said purpose to be held at the same time, place and in the same manner and on the same day in the year 1912 on which an election is held for the election of members of the General Assembly of Georgia, that any person in said county who is qualified to vote for members of the General Assembly of Georgia, shall be and are qualified to vote for or against the provisions of this Act, that a majority vote shall determine whether or not the provisions of this Act shall or shall not become operative and of force. Election to ratify this Act. Sec. 4. Be it further enacted by the authority aforesaid, That those voting in said election who do not favor the abolishment of said City Court shall have printed on their ballot the words For City Court; that those who favor the abolishment of said City Court as provided in this Act shall have printed on their ballot the words Against City Court. Be it further enacted and provided, that should a majority of the votes cast at said election be in favor of abolishment of said City Court, or have printed on their ballots the words Against City Court, then the said City Court shall be declared abolished; but the provisions of this Act shall not become of force and the said Court shall not be abolished until the first day of January, 1913. Act, when effective. Sec. 5. Be it further enacted by the authority aforesaid, That any and all laws in conflict with the provisions of this Act shall be, and the same are, hereby repealed. Approved August 19, 1911.

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NASHVILLE, CITY COURT OF, ACT CREATING AMENDED. No. 105. An Act to amend an Act approved July 31, 1905, entitled An Act to establish the City Court of Nashville, by providing that the regular jury terms of said Court shall be held on the second Monday in February, May, August and November; to provide additional sessions, for which no jury shall be drawn, on the second Monday in January, March, April, June, July, September, October and December, and to provide the mode of procedure and practice therein, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act approved July 31, 1905, entitled An Act to establish the City Court of Nashville, etc., shall stand amended in the following particulars: City Court of Nashville. Sec. 2. By striking from said Act Section 15 and inserting in lieu thereof the following: That the regular jury terms of said City Court of Nashville shall be held on the second Monday in February, May, August and November; and in addition to the above sessions, there shall be held terms for which no juries shall be drawn, on the second Monday in January, March, April, June, July, September, October and December. The Judge of said Court shall have the power to hold said Court in session so long as in his judgment the same may be necessary, and to hold the same open from one day to another, as he may see proper. Terms of Court.

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Sec. 3. Any and all cases now within the jurisdiction of the City Court of Nashville may be made returnable either to the monthly or quarterly terms, under the same conditions and requirements as to filing, service, pleas, demurrers and defaults as are now of force by virtue of the Act creating the City Court of Nashville. Upon the call of any case upon the issue docket, either at the monthly or quarterly term, either party shall have the right, orally or in writing, to demand a trial by jury; when this demand is made at the monthly term, the judge shall make an entry of same upon his docket, and the case shall stand continued to the next term thereafter for which a jury has been drawn. At the monthly terms the Judge may hear and dispose of all demurrers and special pleas, make entries of in default, and render final judgment on defaulters; try and dispose of all cases, civil and criminal, ripe for trial, where a jury has not been demanded, and perform any and all judicial acts not inconsistent with the provisions of this amendment, it being the intent and purpose of this Act that all matters of jurisdiction, rights and remedies now provided for by the Act creating the City Court of Nashville, excepting that of trial by jury, and those incident thereto, shall be the same at all the terms, monthly and quarterly. Practice. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved August 17, 1911.

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PEMBROKE, CITY COURT OF CREATED. No. 222. An Act to create the City Court of Pembroke, Georgia, in and for the county of Bryan, in the State of Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Pembroke, Georgia, to be located in city of Pembroke, and in the county of Bryan, but to have jurisdiction and authority to sit at Clyde, the county seat of Bryan county, is hereby established and created, with civil and criminal jurisdiction over the whole of Bryan county, concurrent with the Superior Court of Bryan county, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of the State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all cases, or offiences below the grade of a felony, committed in the county of Bryan. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the Superior Court, either under the common law or statuory law, now or hereafter to be of force in the State of Georgia, including among others attachment and garnishment proceedings from said Court, statutory award proceedings against intruders, and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and

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mortgages, personalty, and any and all other proceedings of whatever nature not vested exclusively by the Constitution of the State in the Superior Court. The cases, civil and criminal, wherein the defendant resides in the 20th and 1137th districts, G. M., shall be heard and determined at Clyde, Georgia, and the cases, civil and criminal, in which the defendants reside in the 19th and 1380th districts shall be heard and determined at Pembroke, except that by the consent of the parties, any case may be heard and determined at either place. In criminal cases, if the defendant resides out of the county, the Court shall have jurisdiction to try him at either place. City Court of Pembroke established. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a Judge of said City Court, who shall be appointed by the Governor by and with the advice and consent of the Senate, who shall hold his office until January 1, 1913, after which date, except in the case of a vacancy, the judge of said City Court shall hold said office by virtue of an election by the qualified voters of Bryan county, and shall hold his office for a term of two years beginning on the first day of January, 1913. At the regular election of the county officers of Bryan county in the year 1912, there shall be elected by the qualified voters of said county a Judge of said Court, who shall hold his office for the term of two years, from January 1, 1913, and at each of the general elections every two years thereafter, a Judge of said Court shall be elected. Any vacancy in said office shall be filled by appointment of the Governor until the next election, when a Judge shall be elected to fill said unexpired term. The Judge of said City Court shall receive a salary of five hundred dollars per annum, to be paid monthly by the county Treasurer of Bryan county, and it shall be the duty of the County Board of Commissioners

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of said county, or other proper officers, to make provisions annually for the levying of a tax sufficient for this purpose. The Judge shall receive no other compensation, but may practice law in any other Court except his own. Judge, appointment, etc. Sec. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of the Judge of the City Court of Pembroke, Georgia, except he shall be a resident practicing attorney, at least twenty-three years of age, and must have practiced law in the State of Georgia for at least one year prior to his appointment; he shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal right to the rich and poor; that I will faithfully and impartially perform and discharge all duties which may be required of me as Judge of said City Court of Pembroke, Georgia, according to the best of my ability and understanding, agreeable to the laws and Constitution of the State of Georgia and the Constitution of the United States; so help me God, which oath shall be filed in the Executive Department. Qualifications and oath of Judge. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of said City Court, who shall be appointed at the same time and in the same manner that the Judge of said City Court is appointed, whose term of office shall be until the first day of January, 1913. His successor shall be elected by the qualified voters at the general election in 1912, and every two years thereafter in the same manner as the Judge of said Court is elected. Any vacancy in said office shall be filled in the same manner as vacancies in the office of the Judge of said Court.

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It shall be the duty of the Solicitor of said City Court to prosecute all offences cognizable before said City Court, both in said City Court and in the Supreme Court on writ of error from said City Court. Said Solicitor must be at least twenty-one years of age and a resident practicing attorney at law, and before entering upon the duties of his office shall take and subscribe the same oath required of Solicitors-General of the Superior Court of this State, and give bond in the sum of five hundred dollars with security. The Solicitor shall receive the same fees for each written accusation as are allowed the Solicitor-General of the Superior Court, including fees in the Supreme Court. In the absence or disqualification of said Solicitor, the City Court Judge shall appoint a Solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed or elected Solicitor of said Court. Solicitor, appointment, etc. Sec. 5. Be it further enacted by the authority aforesaid, That the Solicitor of said City Court shall for his services in the Supreme Court be paid out of the Treasury of the State in the manner as the Solicitors-General of the Superior Courts are paid for like services rendered, from the Superior Courts. Fees of Solicitor in Supreme Court. Sec. 6. Be it further enacted by the authority aforesaid, That the Clerk and his deputies of the Superior Court of Bryan county shall be ex-officio Clerk and deputies of said City Court. Said Clerk, before entering upon the duties of his office, shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said City Court. He shall also before entering upon the duties of his office, execute a bond with good security in the sum of five hundred

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dollars for the faithful discharge of the duties of said office. Clerk. Sec. 7. Be it further enacted by the authority aforesaid, That the Sheriff of Bryan county shall be ex-officio Sheriff of said City Court of Pembroke, Georgia, and in his official connection with said Court shall be known as the Sheriff of the City Court of Pembroke, Georgia. Before entering upon the discharge of the duties of his office said Sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of said office, and he shall have the same authority to appoint a deputy or deputies as provided in the Code for the appointment of deputy Sheriffs. Sheriff. Sec. 8. Be it further enacted by the authority aforesaid, That should the Sheriff and Clerk aforesaid, fail or refuse to qualify and give bond as required in Sections six and seven of this Act, the Judge of said City Court is hereby authorized to appoint a Sheriff and Clerk for said Court. Clerk and Sheriff, appointment. Sec. 9. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of the Clerk of the Superior Court and to the office of Sheriff of Bryan county shall be attached to the office of the Clerk of the City Court of Pembroke, Georgia, and to the office of the Sheriff of the City Court of Pembroke, Georgia, respectively, and that the Judge of the City Court of Pembroke, Georgia, is empowered to enforce the same authority over the said Clerk and Sheriff as is exercised by the Judge of the Superior Court over Clerks of the Superior Courts and Sheriffs of the counties of Georgia. Liabilities and duties of Clerk and Sheriff

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Sec. 10. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of the City Court of Pembroke, Georgia, and their deputies shall, unless otherwise specified in this Act, receive for all services the same fees as are allowed by law for like services in the Superior Court, except in civil actions where the principal sum does not involve over $100.00, in which case their costs shall be one-half that allowed them for similar services in the Superior Court, and in criminal cases transferred from the Superior Court to said City Court, the Clerk's costs shall be one-half that allowed him in the Superior Court; said Clerk and Sheriff shall be amenable in said Court to the same processes and penalties as they are now amenable to as officers in the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the Superior Court. Fees of Clerk and Sheriff. Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said City Court of Pembroke, Georgia, shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The quarterly terms shall be held on the fourth Mondays in January, April, July and October, and the monthly terms on the fourth Mondays in each month of each year, and said terms shall continue from day to day unless adjourned over to some other day, in the discretion of the Judge, until the business is disposed of. When the quarterly term and monthly terms fall upon the same day the monthly session shall be first disposed of, and immediately upon the disposition of the business of the monthly session the Judge shall convene the Court in quarterly session. Suits not exceeding five hundred dollars in principal and in all issues and proceedings when not over five hundred dollars in value

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is not involved shall be returned to the monthly session of said Court and shall stand for trial at the first term. Ordinary suits brought to the monthly session of said Court shall be filed with the Clerk of said Court at least fifteen days before the term to which they are returnable, and shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly terms, in like manner as suits are now brought, in the Superior Court, and the first term of said quarterly session shall be the appearance term; provided , that in all suits brought in said City Court final judgment may be entered by default at the first term to which said cause is returnable, unless a plea is filed under the terms governing the filing of pleas in the Superior Court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when both parties consent. The Judge of said City Court shall in his discretion hold his Court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury as speedily as possible consistent with the interest of the State and of the accused, and may also hold adjourned terms of the regular terms of said City Courts, for which he may draw new juries or require the attendance of the same jury as in his sound legal discretion may direct. Said City Court Judge may also, in his discretion, set cases for trial at convenient times, and the same may be tried as of the term, whether Court has been held from day to day until said time or not. The first monthly term of the Court shall be held at Pembroke and the second term shall be held at Clyde, and alternately at each place thereafter. The Jannary and July quarterly terms shall be held at Pembroke and the April and October terms shall be held at Clyde and the

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process of the Court shall be made returnable in conformity to the sittings of the Court. Terms of Court and Practice. Sec. 12. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Courts except as hereinafter provided, the process to writs shall be annexed by the Clerk of said City Court, be attested in the name of the Judge thereof, and be deirected to and served by the Sheriff of said City Court or his deputies thereof. Procedure. Sec. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice law governing the Superior Court, where consistent with this Act, and unless especially provided by this Act, shall be applicable to said City Court. Practice. Sec. 14. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power and authority to hear and determine without a jury all civil cases of which said Court has jurisdiction and to give judgment and execution therein; provided, always , That either party in any cause shall be entitled to a trial by jury in said Court upon entering a demand therefor by himself or his attorney in writing on or before the call of the case or before the adjournment of the term to which the cause is returnable, in all cases in which such parties are entitled to a trial by jury under the Constitution and laws of this State; provided, further , that it shall be the duty of said City Court Judge to sound the docket during each term of said City Court for the purpose of ascertaining in what cases, either civil or criminal, demands for trial

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by jury are to be made, in accordance with the provisions of this Act. Trials. Sec. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien upon property of defendant or defendants, throughout the State, in the same manner as judgments of the Superior Court are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said Court, and all executions issuing from said Court shall be attested in the name of the Judge and signed by the Clerk, and directed to the Sheriff or his deputies of the said City Court of Pembroke, and to all and singular the Sheriffs or their deputies of the State of Georgia. Lien of judgments. Sec. 16. Be it further enacted by the authority aforesaid, That claims to real property levied upon with execution or other process from said City Court shall be returnable to the Superior Court of the county wherein said real property is situated, and then shall proceed as claims in the Superior Court. Claims to realty. Sec. 17. Be it further enacted by the authority aforesaid, That said City Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process, and such claims shall be tried in the same manner as claims in the Superior Court. Claim cases. Sec. 18. Be it further enacted by the authority aforesaid, That garnishment proceeding on distress warrants in said City Court shall be in conformity to the laws of the State relative to such proceedings in the Superior Court. Garnishments on distress warrants.

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Sec. 19. Be it further enacted by the authority aforesaid, That all laws governing the subjects of attachments and garnishments in any manner whatever, in the Superior Courts of this State, shall apply to said City Court as if named with the Superior Courts, insofar as the nature of the City Court will admit. Attachments in said Court returnable to said Court shall be directed to the Sheriff or his deputies of the City Court of Pembroke, and all and singular the Sheriff and constables of this State, and the Judge of said City Court may, or any justice of the peace or notary public may issue attachments returnable to said City Court under the same law that governs the issuing of attachments returnable to the Superior Courts. Attachments and garnishments. Sec. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Courts, but such scire facias shall run throughout the State, and may be served by any Sheriff or his deputy. Parties, how made. Sec. 21. Be it further enacted by the authority aforesaid, That the general laws of this State, relative to the commencement of suits in the Superior Courts, defences, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, or witnesses by interrogatories, or under subpoenas or otherwise, witness and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said City Court, and all laws applicable to the Judges and Solicitors-General and other officers of the Superior Courts, in compelling the attendance of witnesses and non-resident witnesses, shall in like manner be applicable to the officers of said City Court. Procedure. Sec. 22. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the

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power to cause testimony to be taken de bene esse and used, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general law of the State. And the Judge and all other officers of said City Court shall have power respectively to administer all oaths pertaining to their offices, as the judges and other officers of the Superior Courts may in like cases do; and the said Judge shall have power to attest deed and other papers and administer affidavits in all cases anywhere in this State, in which by existing laws, deeds and papers may be attested and affidavits administered by justice of the peace of this State, and the said Judge of the said City Court shall have all the powers and authority throughout his jurisdiction as Judges of the Superior Courts, and all laws relating to and governing the Judges of the Superior Courts shall apply to the said Judge of the City Court of Pembroke, so far as the same may be applicable as herein provided. Powers of Judge. Sec. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of said City Court of Pembroke to prepare and file in his office a complete copy of the jury lists of the Superior Court petit jurors. From said copy so made, jurors in said City Court shall be drawn in the following manner: The Clerk of said City Court of Pembroke shall write upon separate tickets the names of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn the names of twelve jurors in the manner as now required by law in Superior Courts. All law with reference to the drawing, selecting and summoning traverse jurors in the Superior Courts shall apply to the said City Court, except that the Sheriff shall be paid three dollars and fifty cents for summoning said jurors.

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All exemptions from jury duty now in force in the county of Bryan shall apply and be of effect in said City Court. Jurors, how listed and drawn. Sec. 24. Be it further enacted by the authority aforesaid, That all laws in reference to qualification, relations, empaneling, finding and challenging jurors, now in force in this State, or afterwards enacted or be put in force by the General Assembly regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except where inconsistent with the provisions of this Act. Juries, how impaneled. Sec. 25. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power to summons instanter, tales jurors to complete said panel of twelve, and he shall have the power to summons, instanter, six additional jurors, so as to increase said jurors to eighteen if necessary to carry on the business of said Court expeditiously. Twelve jurors shall constitute a panel in said Court, and in all cases in which a demand for a jury trial has been entered as herein mentioned, the selection shall be made as follows: In both civil and criminal cases, if the defendant elects, the entire twelve shall compose the jury, but if the defendant elects for the jury to be composed of but six jurors, then in civil cases the plaintiff and defendant shall have three strikes each, and in criminal cases the defendant shall have four and the State shall have two strikes, and the remaining six shall constitute the jury. All jurors serving in said Court shall receive each the sum of two ($2.00) dollars per diem while serving as such, to be paid under rules governing payments of Superior Court jurors. Tales jurors. Sec. 26. Be it further enacted by the authority aforesaid, That all criminal cases in said City Court shall be

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tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation or indictment shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If upon the trial of any case it shall appear to the Judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next Superior Court as in preliminary examinations. Criminal cases, how tried. Sec. 27. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said City Court shall be tried on a written accusation setting forth the offense charged, founded on the affidavits of the prosecution and signed by the Solicitor of said City Court, the defendant shall have no right to demand an indictment by the grand jury of Bryan county. All persons who desire to prosecute anyone for a violation of any of the misdemeanor laws of this State, may go before any judicial officer of Bryan county and make and subscribe the following oath, and file the same with the Clerk of said City Court: Georgia, Bryan county. Personally came....., who on oath says that, to the best of his knowledge and belief,..... did on the..... day of..... in the..... year..... in the county aforesaid commit the offense of..... and this deponent makes this affidavit that an accusation may be framed and preferred in the City Court of said county, against the said..... for said offence,..... Sworn to and subscribed before me, this..... day of..... Whereupon when said affidavit is so made and filed, it shall be the duty of the Solicitor of said City Court to draw an accusation against the accused, charging him, her or them, with the offense named in said affidavit, and the Judge of said City Court shall issue his warrants for

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the arrest of the person so accused, in the same manner as Judges of the Superior Courts issue bench warrants, based on indictments of the grand jurors, and the accused shall be arrested and brought to trial on said accusation, without any further preliminary trial. All proceedings after accusation shall conform to the rules governing like cases in the Superior Court except there shall be no trial by jury unless demanded by the accused as hereinbefore provided, and when so demanded said jury trial shall be as provided herein. In all cases tried the accusation shall set forth the offense charged, with the same particularity, both as to matter of form and substance, as is required by laws and rules of criminal pleadings to be observed in bills of indictment in the Superior Court. Accusations. Sec. 28. Be it further enacted by the authority aforesaid, That the Judge of the Superior Court of Bryan county shall send down from said Superior Court to the said City Court of Pembroke for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court, and the order transmitting such cases shall be entered on the minutes of both of said Courts, which order may be passed in term time or in vacation; provided , that in all cases so transferred the Solicitor-General of said Superior Court shall be entitled to his accrued costs, to be collected as provided herein for the collection of costs of the Solicitor of said City Court. Transfer of misdemeanor cases from Superior Court. Sec. 29. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of the county of Bryan, to bind over to said City Court all persons charged with crimes and offences committed within the limits of Bryan county, over

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which said City Court has jurisdiction, there to answer to said offence, and the accusation in such cases may be based upon the affidavit on which the warrant issued whereon they were bound over. Appearance bonds. Sec. 30. Be it further enacted by the authority aforesaid, that the Judge of said City Court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same manner and with the same power as the Judge of the Superior Courts. Writs of habeas corpus. Sec. 31. Be it further enacted by the authority aforesaid, That a writ of error shall be from said City Court to the Supreme Court and the Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Writs of error. Sec. 32. Be it further enacted by the authority aforesaid, That in all cases in said City Court the same power and right of parties as to waivers, pleadings or procedure, or other matters pertaining to the same, shall be allowed and upheld as by the laws and rules to parties in the Superior Courts. Practice. Sec. 33. Be it further enacted by the authority aforesaid, That the Judge of the said City Court shall have the power to grant a new trial in any case, civil or criminal, in his Court upon the same terms and conditions, as under the same laws and regulations, in every respect governing the granting of new trials in the Superior Courts. All rules of pleadings, practice and procedure governing motions, rules nisi and other proceedings in new trials in

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Superior Courts, shall apply to and govern same in said City Court. When a criminal case is heard at a special session of said City Court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the Judge of said City Court within ten days from the rendition of the judgment complained of, and not afterwards, unless good cause is shown, when further time may be, by order granted, in the sound legal discretion of the Judge of said Court. In all other respects such motion shall be governed by the ordinary rules aforesaid. New trials. Sec. 34. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, co-partners, or joint trespassers, in which any one or more reside within the jurisdiction of said Court, within Bryan county, under the same rules and regulations governing such cases in the Superior Courts, and the same laws, rules and regulations as to copies, second originals, returns and other matters connected with said suits which is of force in the Superior Courts shall be applicable to said City Court of Pembroke, Georgia. Suits against joint obligors, etc. Sec. 35. Be it further enacted by the authority aforesaid, That all civil cases in which the principal sum does not exceed five hundred dollars, shall be tried at the term to which the same are returnable, and there shall be no appearance term in said City Court in such cases. All civil cases involving more than five hundred dollars principal sum shall be in every respect as to filing, return, pleas, answers, demurrers, continuances, and trial conformable to the laws now or hereafter to be applicable to suits in the Superior Courts of this State, the term to which said suit shall be returned shall be the appearance term, and the second the trial term, subject to the foregoing provisions. Practice.

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Sec. 36. Be it further enacted by the authority aforesaid, That whenever the Judge of said City Court is from any cause disqualified from presiding, and the judge of the Superior Court cannot from any cause preside in said Court, as provided for in the Constitution, then upon consent of the parties, or upon their refusal or failure to agree, said case shall be tried by a judge pro hac vice , selected in the same manner as provided for in the Superior Courts. Cases in which Judge is disqualified. Sec. 37. Be it further enacted by the authority aforesaid, That in case of the absence of the Judge of said City Court at any term thereof the Sheriff or Clerk of said Court may adjourn it to such time as the Judge may in writing direct, or if no direction be given the Court shall be adjourned to the next regular term. Absence of Judge. Sec. 38. Be it further enacted by the authority aforesaid, That all fines and forfeitures and convict hire arising from cases in said Court shall be applied to the fees of the Solicitor, Clerk and Sheriff of said City Court, accruing in said Court, including their insolvent costs therein, the same to be distributed pro rata thereon under the same rules and regulations governing the distribution of fines and forfeitures to officers in the Superior court; provided, however , that in cases transferred from the Superior Court of Bryan County to said City Court, the Solicitor-General, Clerk and Sheriff of the Superior Court shall be entitled to their costs, which shall have accrued to the date of transfer, on the bill of indictment or presentment bringing the money into Court; and the cases originating in justice's court the justice and constable shall be entitled to their cost in the particular case, in the event the defendant there is convicted and pays the fine and costs in the case. Fines and forfeitures.

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Sec. 39. Be it further enacted by the authority aforesaid, That all misdemeanor cases transferred from the Superior Court of Bryan county to said City Court shall be followed by the bond in said case or cases and the defendant shall be bound to appear in said City Court at its first monthly sitting after such case or cases are transferred. Trials in transferred cases. Sec. 40. Be it further enacted by the authority aforesaid, That in each case in said City Court in which the defendant is sentenced to the chain-gang in Bryan county, the County Commissioners of said county of Bryan or other authority having charge of said chain-gang, or the funds for the support of the same, shall pay the officers of said Court, including the costs which may have accrued to magistrates and constables, if any. Said costs to be due and payable upon the receipt of said convicts or convict by said authorities. Costs in criminal cases. Sec. 41. Be it further enacted by the authority aforesaid, That said City Court shall be held in the City of Pembroke, in the Masonic Hall until a more suitable building is arranged for the holding of said Court, and the County Commissioners or other proper authorities of Bryan county shall provide all necessary books, blanks, and other supplies for keeping the dockets, minutes and records of said Court, including a seal. Court room and records. Sec. 42. Be it further enacted by the authority aforesaid, That the Judge and Sheriff of said City Court are hereby authorized to use the jail of the City of Pembroke, Georgia, or the common jail of the county of Bryan, either or both, as they may see proper, for the purpose of said Court, either for the detention of the accused before trial or for the imprisonment after trial and conviction, and expenses

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thus incurred shall be paid as such expenses are now paid in the County of Bryan. The Sheriff shall receive no mileage for the transportation of prisoners from the common jail to the City of Pembroke, or for carrying from one jail to the other. County jail. Sec. 43. Be it further enacted by the authority aforesaid, That the Judge of said City Court may have in charge of the keeping the dockets, minutes and records of said Court, including a seal. Records, how kept. Sec. 44. Be it further enacted by the authority aforesaid, That the Judge of said City Court may appoint a stenographer of said City Court of Pembroke, Georgia, and civil cases may be reported at the request of the plaintiff or defendant, when ordered by the Judge in his discretion, and the fees for reporting such cases to be the same as allowed for similar services in the Superior Courts, to be paid by the plaintiff and defendant equally, and in the final disposition of the case to be taxed against the losing party. Said stenographer shall have the same right to enforce the payment of his fees as are allowed stenographers in the Superior Courts. Said stenographer shall report criminal cases where required to do so by the Judge upon the application made by the defendant, and shall receive five dollars for reporting each case, to be taxed in the bill of costs. In the case of conviction, said fee shall be taxed along with other costs against the defendant, and in case of acquittal shall be taxed as insolvent. He shall receive ten cents per hundred words for transcribing his notes, to be paid by the party applying for the same, and shall not be required to transcribe his notes unless called upon to furnish the same. Stenographer.

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Sec. 45. Be it further enacted, by the authority aforesaid, That this Act shall become effective upon the passage of an Act entitled An Act to abolish the County Court of Bryan county, to dispose of the business therein, and for other purposes. This Act, when effective. Sec. 46. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911. QUITMAN, CITY COURT OF ABOLISHED. No. 100. An Act to repeal an Act to establish the City Court of Quitman, approved the 11th day of August, 1904, and the Act amendatory thereof approved the 21st day of August, 1905, and also the Act amendatory thereof approved the 16th day of August, 1909, and to provide for the disposition of all suits, fi. fas. , all papers and all other matters pending in said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act to establish the City Court of Quitman, approved the 11th day of August, 1904, and the Act amendatory thereof, approved the 21st day of August, 1905, and also the Act amendatory thereof approved the 16th day of August, 1909, be, and the same are, hereby repealed; provided, however , that this repealing Act shall not

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be and become effective until the passage by the General Assembly and the approval by the Governor of Georgia of an Act to establish the City Court of Quitman, now pending for passage before the General Assembly of the State of Georgia. City Court of Quitman, abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all cases now pending in said City Court of Quitman shall be transferred to the City Court of Quitman to be established by an Act now pending before the General Assembly. Transfer of cases. Sec. 3. Be it further enacted by the authority aforesaid, That all mesne and final processes from the City Court of Quitman which have not been executed shall be returnable to the City Court of Quitman to be established by an Act now pending before the General Assembly and all claims, illegalities and other issues arising from the execution of such process shall be returnable as though such process had issued from the City Court of Quitman to be established as aforesaid. Transfer of business to new City Court of Quitman. Sec. 4. Be it further enacted by the authority aforesaid, That all mesne and final processes from the City Court of Quitman not executed when this Act goes into effect may be executed by the officers having the authority to execute similar papers from the City Court of Quitman to be established as aforesaid. Processes, how executed. Sec. 5. Be it further enacted, That all judgments heretofore rendered in the said City Court of Quitman shall be enforced by having executions issued thereon by the Clerk of the Superior Court and executed by the Sheriff of. Brooks county, and that all cases now pending in the City

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Court of Quitman in which judgments have not been rendered shall be transferred to the Superior Court of Brooks county for trial. Judgments, how enforced. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. QUITMAN, CITY COURT OF ESTABLISHED. No. 213. An Act to establish the City Court of Quitman, in and for the county of Brooks, to define its jurisdiction and powers, to provide for the appointment of the Judge, Solicitor, and other officers thereof, and define their powers and duties, to provide for a Clerk and Sheriff thereof, and prescribe their duties and fees, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the au-the approval of the Governor, and after same has been thority of the same, That the City Court of Quitman is hereby established in the city of Quitman, and created with civil and criminal jurisdiction over the whole county of Brooks, this Act to take effect on the passage thereof, and sanctioned by a majority of the voters of Brooks county, voting at an election to be called by the Ordinary of Brooks county, within ninety days after the enactment of this bill.

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Said election to be held under the same rules and regulations as are now prescribed by law for holding the election of county officers, and the result declared in the same manner. City Court of Quitman established after election for same. Sec. 2. Be it further enacted, That said City Court of Quitman shall have jurisdiction to try and dispose of all civil cases of whatever amount, except in those cases over which exclusive jurisdiction is vested in the Superior Court by the Constitution and laws of the State of Georgia; always provided , that said City Court of Quitman shall not have power to correct errors in inferior jurisdictions by writ of certiorari, and said City Court shall not have power to issue writs of mandamus or prohibition, or quo warranto . Jurisdiction. Sec. 3. Be it further enacted, That the said City Court of Quitman shall have jurisdiction to try and dispose of all criminal cases when the offender is not subject to loss of life or confinement in the penitentiary, when the offense is committed in the county of Brooks. Criminal cases. Sec. 4. Be it further enacted, That there shall be a judge of said City Court of Quitman who shall be elected at the general election for State and county officers, whose term of office shall be two years and until his successor is elected and qualified; and provided, further , that all vacancies in the office of Judge which may occur by death, resignation, or removal from office, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointments being subject to the approval of the Senate which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The Judge of said City Court of Quitman shall receive a

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salary of twelve hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Brooks, by a person or persons charged by law with the paying out of the money of Brooks county. Judge, election, etc. Sec. 5. Be it further enacted, That any person who shall be elected Judge of said City Court must at the time of said election have been a resident of Brooks county at least three years immediately preceding his election, and he must also have been a practicing attorney two years before his election and he shall before entering upon the discharge of the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal right to the poor and rich and that I will faithfully and impartially discharge and perform all duties which may be required of me as Judge of this City Court of Quitman, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, and said oath shall immediately thereafter be forwarded to the Governor, and filed in the Executive Department. Said Judge may practice law in any other Court except the Court created by this Act. He shall have authority to issue criminal warrants, to issue and try warrants to dispossess tenants holding over and intruders and distress warrants, and generally do all acts which the Judges of the County Courts of this State are authorized to do unless otherwise provided in this Act. Qualification and oath of Judge. Sec. 6. Be it further enacted, That there shall be a Solicitor of said City Court of Quitman, who shall be elected

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at the general elections for State and county officers whose term of office shall be two years, and until his successor is elected and qualified, and all vacancies shall be filled in the same manner as vacancies in the office of Judge of this Court are filled. He must be at least twenty-one years of age, and must have been a practicing attorney for one year preceding his appointment, and a resident of Brooks county for one year preceding his election or appointment, and shall take the oath of office required of Solicitors-General. He shall prosecute all offenses cognizant before the Court. He shall represent the State in each case carried to the appellate courts from said City Court. He shall draw all accusations for the trial of offenses in said City Court, and shall receive for his serxices the same fees that are allowed by law to the Solicitors-General of this State for similar services. In the absence or disqualification of the said Solicitor, the Judge of said City Court shall appoint a Solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed Solicitor of this Court. Solicitor, election, etc. Sec. 7. Be it further enacted by the authority aforesaid, That the Solicitor of said City Court shall for his services in the appellate Courts be paid out of the treasury of this State, in the same manner as the Solicitors-General of this State are paid for like services rendered in the appellate Courts. Solicitor, fees of in Appellate Courts. Sec. 8. Be it enacted by the authority aforesaid, That the Clerk and his deputies of the Superior Court of Brooks shall be ex-officio clerk and deputies of said City Court, and in his official connection with said Court said Clerk shall be known as the Clerk of the City Court of Quitman. Said Clerk shall before entering upon the duties of his office

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take and subscribe an oath to faithfully and impartially discharge the duties thereof, which shall be entered on the books of minutes of said City Court. He shall also before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk. Sec. 9. Be it further enacted by the authority aforesaid, That the Sheriff of Brooks county shall be ex-officio Sheriff of said City Court of Quitman, and in his official connection with said Court shall be known as the Sheriff of the said City Court of Quitman. Before entering upon the discharge of the duties of his office said Sheriff shall execute a bond with good security in the sum of one thousand dollars, for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as he has by law as Sheriff of Brooks county. Sheriff. Sec. 10. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of the Clerk of the Superior Court and to the office of Sheriff shall be attached to the office of the Clerk of the City Court of Quitman, and Sheriff of the City Court of Quitman, respectively, and the Judge of said City Court of Quitman is empowered to enforce the same authority over said Clerk and Sheriff, and their deputies, as is exercised by the Judge of the Superior Courts over the Clerk of the Superior Courts and Sheriffs of the counties of Georgia. Duties and liabilities of Clerk and Sheriff. Sec. 11. Be it further enacted by the authority aforesaid, That the Clerk and Sheriff of said City Court shall receive in all civil business transacted in said Court in which the principal sum claimed does not exceed $100.00, one-half of the fees which the Sheriff and Clerk of the Superior

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Court receive. In all other business, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees as are allowed by law for like services in the Superior Courts. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court, as they are now entitled to in the Superior Court. Fees of Clerk and Sheriff. Sec. 12. Be it further enacted, That the fees of the Clerk and the Sheriff of said Court in criminal cases shall be the same as are now, or may hereafter be, allowed by law to the Clerk of the Superior Court, and to the Sheriff of the county; except in cases that are tried upon accusation the Clerk shall only receive three dollars. For his attendance at the regular term of said Court, the Clerk shall receive the same fees per day as those received by the Clerk of the Superior Court, and to be paid in the same manner; provided , he shall not receive pay for exceeding fifteen days in a year. And for his attendance at the regular terms of said Court, the Sheriff shall receive the same fees paid in the manner as now allowed him for similar services in the Superior Court; provided , he shall not receive pay for exceeding fifteen days in the year. Fees in criminal cases. Sec. 13. Be it further enacted, That the Judge of the said City Court shall have power to issue writs of habeas corpus , and to hear and dispose of the same in the same way, and with the same power as Judge of the Superior Courts. Writs of habeas corpus. Sec. 14. Be it further enacted, That the terms of said City Court of Quitman shall be monthly, and shall be held

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on the Second Monday of each month. The terms of said Court shall last until the business is disposed of, or the Judge may in his discretion hold adjourned terms, and may set cases for trial at convenient times, and the same may then be tried as of term, whether Court has been held from day to day until said time or not; provided , said Court shall be finally adjourned at least five days before the next succeeding term thereof. The Judge of said Court may in his discretion hold his Court at any other time than the regular term for the speedy transaction, consistent with the interest of the State and the accused, of criminal business which does not require a jury. The first term shall be the appearance term, and the second term the trial term, of all civil cases except cases in which trial by jury shall have been demanded by either party; provided, however , that in all cases in which no defense has been filed upon the call of the appearance docket or in which the defense may be stricken, judgment may be entered at the first term thereof. That the regular terms held in the months of January, April, July and October shall be jury terms, at which terms all cases in which trial by jury has been demanded, and which are ripe for trial under this Act shall stand for trial by the Judge and a jury of twelve men. Terms of Court. Sec. 15. Be it further enacted, That in said City Court the same rules of proceedings, service, pleading and practice shall govern as for the time being obtains in the Superior Courts, except as otherwise provided in this Act. The process to writs shall be annexed by the Clerk of said City Court, be tested in the name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Quitman or his deputies; provided , that in any case where a trial by jury is demanded in writing by either party before or upon the call of the appearance docket, said case

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shall be transferred to the jury docket of said Court, and shall stand for trial by a jury at the next jury term of said Court, as hereinafter provided. All suits brought to said Court shall be filed in the Clerk's office of said Court at least fifteen days before the term to which they are returnable and the same shall be served at least ten days before the said term. The parties in any cause shall be entitled to a trial by jury in said Court by entering a demand by themselves or their attorneys in writing as herein provided before or upon the call of the appearance docket; provided , that it shall be the duty of the Judge of said City Court to call the appearance docket at some time fixed by him during the term for the purpose of ascertaining in what cases trials by jury have been demanded, and for the purpose of entering judgment in cases in which no defense has been filed. Procedure. Sec. 16. Be it further enacted, That the Judge of said City Court shall have power and authority to hear and to determine all civil cases of which said Court has jurisdiction, and give judgment therein; provided, always , that either party in any cause shall be entitled to a trial by jury in said Court upon entering a demand therefor, by himself or his attorney, in writing as provided for in Section fifteen. Trials. Sec. 17. Be it further enacted, That all judgments obtained in said City Court shall be a lien on all property belonging to the defendant, or the defendants, throughout the State, in the same manner as judgments of the Superior Courts are; but the property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said Court, and all executions issuing from such Court shall be tested in the name of the Judge, and signed by the Clerk, and directed to the Sheriff,

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or his deputies, of said City Court of Quitman, and to all and singular the Sheriffs, or their deputies, of the State of Georgia. Lien of judgments. Sec. 18. Be it further enacted, That said City Court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process, from said Court, and such claims shall be tried in the same manner as claims in the Superior Courts. Claims to personalty. Sec. 19. Be it further enacted, That claims to real property levied on under execution, or other processes, from said City Court, shall be returned to the Superior Court of the county where such property is situated, and shall there proceed as other claims in the Superior Courts. Claims to realty. Sec. 20. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matter whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Courts, so far as the nature of the said City Court will admit; provided, however , that where the garnishee resides in a county other than Brooks county, the summons of garnishment shall be returnable to the City Court of the county of the garnishee's residence, if there exist a City Court in said county, otherwise to the Superior Court of said county. Attachments in said Court, or returnable to said Court, shall be directed to the Sheriff, or his deputies, of the City Court of Quitman, and to all and singular the Sheriffs and constables of this State; the Judge of said City Court or any justice of the peace or notary public and ex-officio justice of the peace, may issue attachments returnable to said City Court under the same laws that govern the issuing of attachments returnable to the Superior Courts. Attachments and garnishments.

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Sec. 21. Be it further enacted, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, but such scire facias shall run throughout the State, and may be served by any Sheriff, or his deputies, thereof. Parties, how made. Sec. 22. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, all witnesses by interrogatories or under subp[UNK]na, witnesses and their attendance, continuances, or other matter of judicial nature within the jurisdiction of said City Court, shall be applicable to said City Court, except as otherwise provided herein. Practice. Sec. 23. Be it further enacted, That the Judge of said City Court shall have power to cause the testimony to be taken, and to be used de bene esse , and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the Judge and all other officers of said City Court shall have power respectively to administer all oaths pertaining to their office, as the Judge and other officers of the Superior Court may do in like cases, and said Judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested, and affidavits administered, by Judges of the Superior Courts of this State, and the Judge of said City Court shall have all the power and authority throughout his jurisdiction of Judges of the Superior Courts, except where by law exclusive power and authority are vested in the Judges of the Superior Courts, and all laws relating to and governing Judges of the Superior

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Courts shall apply to the Judge of said City Court, so far as the same may be applicable, except as herein provided. Powers of Judge. Sec. 24. Be it further enacted, That said City Court of Quitman shall be a Court of record, and shall have a seal, and the minutes, records, orders, and other books and files that are required by law and rules to be kept for the Superior Courts, shall be kept in and for said City Court, and in the same manner; provided, however , that the Clerk of the City Court of Quitman, in addition to the regular issue dockets shall keep a docket which shall be called a jury docket, in which shall be entered all cases in which trial by jury is demanded, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Courts shall apply to them in said City Court, except where they conflict with the provisions of this Act. Court of Record. Sec. 25. Be it further enacted, That all laws relating to the enforcement of judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied, and sales be had thereunder under the same rules and laws relating to the same in the Superior Court. Judgments, how enforced. Sec. 26. Be it further enacted, That the Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested by law in the Judges of the Superior Courts of this State. Contempt. Sec. 27. Be it further enacted, That all persons liable to serve as grand and petit jurors in the Superior Court of Brooks county shall be liable to serve as jurors in said

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City Court, and it shall be the duty of the Clerk of said City Court to copy into a book the list of all names of persons liable to serve as grand and petit jurors in the said Superior Court, to be taken from the list of said Superior Court, under the supervision of the Judge of said City Court, and to make a new list as often as said Superior Court list is revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the Clerk of said City Court. The said Clerk shall also make out tickets equal in number to the number of names in said list, and write upon each the name of one of the said persons, and deposit the same in a box, to be provided at public expense and numbered one, until there shall be a ticket in said box bearing the name of each person on said list. Jurors, how listed and drawn. Sec. 28. Be it further enacted, That at least ten days before each jury term the Judge of said Court, or the Judge presiding in said Court, shall draw from said box number one only twenty-four names of persons to serve as jurors at the next jury term of said City Court, and shall cause the Clerk to record said names so drawn, and then place them in another box, to be provided as above stated, numbered two. The Judge of said City Court for the first jury term held under this Act draw a jury in the same manner as herein provided as soon as he is appointed and qualified, and have them served five days before said term; but this shall not apply to any other term of said Court. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and locked, and shall not be opened by any person except the Judge of said City Court, or the Judge presiding in his place, for the purpose of drawing juries, as above provided. The Clerk shall

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keep said jury boxes and the Sheriff of said City Court shall keep the key. Juries. Sec. 29. Be it further enacted, That the Clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the Sheriff of said City Court, who shall serve each of said persons by handing him a summons personally or by leaving the same at his most notorious place of abode. Summons for jurors. Sec. 30. Be it further enacted, that only twenty-four jurors shall be drawn, summoned and impaneled, and if by reason of non-attendance or disqualification of any of said regular panel the same is not full, the Judge of said Court shall direct the same to he filled by tales jurors in the same manner as is done in the Superior Court. In all civil cases each side shall strike six from the panel of twenty-four, and in criminal cases the defendant shall strike seven and the State five from said panel. The Sheriff of said Court shall be entitled to a fee of three dollars for summoning the jurors for each jury term, the same to be paid in the same manner as the Sheriffs are paid for similar services. Juries, how empaneled. Sec. 31. Be it further enacted, That defendants in criminal cases in said City Court of Quitman may be tried on written accusation, which shall be drawn by the Solicitor of said Court, setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said Court, and in all criminal cases within the jurisdiction of said City Court the defendant shall have

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the right to demand an indictment by the grand jury of Brooks county. Accusations. Sec. 32. Be it further enacted, That the Judge of the Superior Court may transmit from the Superior Court of Brooks county all presentments and bills of indictment for misdemeanors to said City Court for trial, either in term time or vacation, the order so transmitting such cases to be entered in the minutes of both of said Courts. Transfer of misdemeanor cases from Superior Court. Sec. 33. Be it further enacted, That it shall be the duty of all the Justices of the Peace and Notaries Public of Brooks county to bind ove to said City Court all persons for offenses committed within the limits of Brooks county, over which said City Court has jurisdiction, to answer for said offenses. Appearance bonds. Sec. 34. Be it further enacted, That before the arraignment of the defendant, either on indictment, presentment, or accusation, the Judge of the said City Court shall inquire of him whether he demands a trial by jury or indictments by the grand jury, and the response of the defendant shall be endorsed on said accusation, indictment or presentment, and signed by the prosecuting officer of said Court. If the defendant demands indictment by the grand jury the Judge of said Court shall proceed with said cause, if at a jury term of said Court, according to the rules and laws of the Superior Court applicable to the trial of misdemeanors, but the jury shall be selected in the manner provided by this Act. If the defendant demands a trial by jury, and the said Court is not sitting at a regular jury term, the Judge shall admit the defendant to bail, to appear at the next regular jury term, or on the defendant's failure to give bond shall commit him to jail until the next regular jury term of said

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Court, unless there be sooner an adjourned jury term at which a jury will be impaneled. If the defendant waives trial by jury then the Judge shall proceed to hear and determine such criminal cases conformable to the law governing the Superior Courts, as the same may be applicable. If upon the trial of any criminal case it shall appear to the Judge that the evidence makes the case a felony against the accused, he shall thereupon suspend trial and commit or bail over the defendant to the next Superior Court, as in preliminary examinations; provided, always , that reasonable time shall be granted to the State or the defendant to procure witnesses. Practice in criminal cases. Sec. 35. Be it further enacted, That in all cases in said Court the same powers and the same rights of parties as to waiver in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules governing parties in the Superior Courts. Practice. Sec. 36. Be it further enacted, That the Judge of the said City Court shall have power to grant a new trial in any case, civil or criminal, in his Court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the Superior Courts. All rules of pleadings, practice and procedure governing motions, rules nisi , and other proceedings in new trials in the Superior Courts shall apply to and govern the same in said City Court. New trials. Sec. 37. Be it further enacted, That a writ of error shall be directed from said City Court to the Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue

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of writs of error and filing of bills of exceptions in the Superior Court of this State. Writs of Error. Sec. 38. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the City Court of Quitman, and including all civil cases filed in said Court whether the parties have been served or not, shall be, and are, hereby transferred to the City Court of Quitman, created and organized under this present Act, and the same, including claims and illegalities hereafter filed shall be placed upon the proper docket in said City Court, created and organized under this Act, and shall be tried and disposed of as other cases in said City Court, created and organized under this Act. All fi fas, and final and other processes now in the hands of the Sheriffs, Bailiffs, or other officers, or that may hereafter come into their hands which are made returnable to the City Court of Quitman, shall be by them returnable to the City Court of Quitman, created and organized under this present Act. The judge and other officers of said City Court, created and organized under this Act, shall have power and authority to issue and enforce in the name of the said City Court of Quitman, any and all processes in any case from the City Court of Quitman. All records, books and papers disposed of and of lle in the City Court of Quitman, shall be filed and deposited with the Clerk of the said City Court of Quitman, created and organized under this Act. Pending cases and business, disposition of. Sec. 39. Be it further enacted, That all jurors in said City Court shall each receive $2.00 per day for his services for every day of actual attendance, and shall be paid in the same manner and under the same rules and regulations as jurors in the Superior Courts. Per diem of jurors.

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Sec. 40. Be it further enacted, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the county of Brooks, may be brought in said City Court if within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis as to copies, second originals, returns, and other matters connected with the suits. Suits against joint obligors, etc. Sec. 41. Be it further enacted, That all rules of the Superior Court relating to continuances, motions, pleas and practices, shall be applicable to said City Court, and shall obtain therein except as otherwise provided herein. Practice. Sec. 42. Be it further enacted, That whenever the Judge of said Court is, from any cause, disqualified from presiding, and the Judge of the Superior Court is not present to preside in said Court as provided for in the Constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro- hac vice , selected in the same manner as now provided for in the Superior Courts. Cases in which Judge is disqualified. Sec. 43. Be it further enacted, That in all criminal cases tried in said City Court by the Judge, or by him and a jury, the party held liable for the cost shall pay to the Judge the sum of three dollars for the county, to be paid to the county Treasurer, for general purposes. In all cases commenced, but not tried, the party held liable for the cost shall pay the sum of three dollars to be disposed of as aforesaid. Costs in criminal cases. Sec. 44. Be it further enacted, That all fines and forfeitures arising from cases tried in said City Court shall

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be collected by the Clerk thereof, and he shall, at each term of said Court, distribute the same as follows: All bills for insolvent costs due the Solicitor of said Court, the Sheriff and the Clerk, shall be approved by the Judge of said Court and be entered on the minutes thereof, and shall be a lien upon all the fines and forfeitures raised in said City Court, superior to all other claims for insolvent cost; and when the Clerk distributes such fines and forfeitures he shall pay the same to the Solicitor of said Court, the Sheriff and the Clerk pro rata on their bills for insolvent cost, for fees in cases in said City Court; and when said bill of insolvent costs of the Solicitor of said City Court, Sheriff and Clerk are fully paid, the Judge shall order the surplus paid to the person who by law acts as the Treasurer of Brooks county, which surplus shall be by him placed to the credit of the fines and forfeitures fund of said county and distributed as now provided by law. In cases tried in said City Court which have been transferred from the Superior Court, the Solicitor-General of the Superior Court shall have the right to share pro rata with the Solicitor of the City Court, the Sheriff and the Clerk of the City Court, in all fines and forfeitures arising from said transferred cases before any surplus is paid into the county Treasury, provided , that the surplus so paid to the Treasurer, as provided by this Section, shall be kept separate and distinct from the county funds arising from other sources, and separate and distinct from the fund of fines and forfeitures arising from cases tried in the Superior Court, by the County Treasurer, and the same shall be paid only for insolvent costs arising in cases tried in said City Court, and such as may be due the Solicitor of the Superior Court arising in cases transferred from the Superior Court to the said City Court for trial; provided, always , that in all cases

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in which the justices of the peace or notaries public and ex-officio justices of the peace have bound over any offender in said Court, or to the Superior Court and the case afterwards transferred to the City Court for trial, the justice of the peace, or notary public and ex-officio justice of the peace, so binding over, and his constable, when their cost bills have been approved by the Judge of said City Court and entered on the minutes thereof, shall be entitled to share as to their costs in the particular case with the Solicitor of said City Court, the Sheriff and the Clerk, and the Solicitor-General of the Superior Court in cases transferred from the Superior Court, pro rata in any fine or forfeiture that may arise therefrom. Fines and forfeitures. Sec. 45. Be it further enacted, That said City Court shall be held at the court house of Brooks county, in the city of Quitman, and the Board of Commissioners of Roads and Revenues for the county of Brooks shall provide the necessary books for keeping the docket, minutes and records of said City Court. Court room and records. Sec. 46. Be it further enacted, That John G. McCall, heretofore appointed Judge of the City Court of Quitman, shall be the Judge of this Court, and S. M. Turner, heretofore appointed Solicitor of the City Court of Quitman, shall be the Solicitor of this Court, the terms of said Judge and Solicitor to expire on the 11th day of August, 1912. Judge and Solicitor. Sec. 47. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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RICHMOND COUNTY, CITY COURT OF, ACT CREATING AMENDED. No. 88. An Act to change the time of holding the regular terms of the City Court of Richmond county, and a time for calling the appearance docket of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the September term, 1911, for the City Court of Richmond county, the regular terms of said Court shall be held on the third Mondays in October, December, February, April, June and August. City Court of Richmond county Terms. Sec. 2. Be it further enacted by the authority aforesaid, That the appearance docket for the regular terms of said Court shall be called on the first Mondays in November, January, March, May, July and September, unless otherwise provided by order of the Court. Call of docket. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are repealed. Approved August 17, 1911. SPRINGFIELD, CITY COURT OF, ACT CREATING AMENDED. No. 205. An Act to amend an Act approved July 20, 1908, entitled An Act to create the City Court of Springfield, in and

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for said county of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes, so as to change the qualifications prescribed in said Act for the Judge of said Court; to provide that all fines and forfeitures be paid into the hands of the Treasurer of Effingham county and by him disbursed, and otherwise to change said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any practicing attorney who has been a resident of the State of Georgia for one year, and resident of Effingham county, Georgia, for six months, be and he is hereby qualified to become the Judge of the City Court of Springfield. City Court of Springfield. Qualification of Judge. Sec. 2. Be it further enacted, That all fines and forfeitures imposed by the City Court of Springfield or Judge thereof, shall be collected and paid into the hands of the Treasurer of Effingham county, and by him disbursed according to law. Fines and forfeitures. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. STATESFORO, CITY COURT OF, ACT CREATING AMENDED. No. 179. An Act to amend an Act creating the City Court of Statesboro, approved August 10, 1903, as amended by an Act

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approved August 23, 1905, and as further amended by an Act approved August 14, 1909, by striking from Section 1 of said last mentioned amendatory Act the words is not less than forty dollars and between the word claimed (in the 17th line of said Section 1) and the word does (in the 18th line of said Section 1); and by striking the words above forty dollars after the word amount in the 21st line of said Section 1; and to fix the fees of the Clerk and Sheriff of said Court in civil cases in which the principal sum claimed is less than forty dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating the City Court of Statesboro, approved August 10, 1903, as amended by an Act approved August 23, 1905, and as further amended by an Act approved August 14, 1909, be and the same is, hereby amended by striking from Section 1, of the last mentioned amendatory Act the words is not less than forty dollars and between the word claimed (in the 17th line of said Section 1) and the word does (in the 18th line of said Section 1); and by striking from said Section 1 the words above forty dollars after the word amount in the 21st line thereof; so that said Section 1, when thus amended, shall be restored to the same form and words as Section 11 of the original Act creating said Court as amended by Section 1 of the Act approved August 23, 1905, the intent and purpose of this amendment being to repeal the amendment to said original Act embodied in Section 1 of the Act approved August 14, 1909, so that the monthly terms of the said Court shall be for the trial and disposition of criminal business and such civil business in which the principal sum claimed does not exceed one hundred dollars. City Court of Statesboro. Business at monthly terms.

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Sec. 2. Be it further enacted by the authority aforesaid, That said Act creating said City Court of Statesboro and the several Acts amendatory thereof be, and the same are, hereby amended as follows: That the Clerk and the Sheriff of the said Court shall receive in all civil business transacted in said Court in which the principal sum claimed is less than forty dollars, one-fourth of the respective fees which the Clerk and the Sheriff of the Superior Court receive for the same services; provided, however , that the Clerk's fees for docketing and cancelling executions and for issuing subp[UNK]nas as for witnesses, and the Sheriff's commissions on sales of property shall be the same in cases where the principal sum claimed is less than forty dollars, as the Clerk and Sheriff of the Superior Court receive for the same services; and that the Sheriff's fees for levy of execution, for taking bonds, for summoning witnesses, and for settling executions in his hands without sale shall be one-half the fees which the Sheriff of the Superior Court receives for the same services; the fees of the Clerk and the Sheriff of the Superior Court herein referred to being the fees prescribed in Sections 5995 and 5997 of the Code of 1910. Fees of Clerk and Sheriff. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 18, 1911.

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SWAINSBORO, CITY COURT OF, ACT CREATING AMENDED. No. 133. An Act to amend an Act entitled An Act to establish the City Court of Swainsboro, in and for the County of Emanuel; to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor, and other officers therefor; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 14, 1906, as amended by Acts of 1907, approved August 27, 1907, and as amended by Acts of 1910, approved August 10 and August 12, 1910, by striking out the words twenty-five in line nine of Section 1, page 337, and inserting in lieu thereof the word fifty. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the aforementioned Act be, and the same is, hereby amended by striking out the word twenty-five in line nine of Section 1 on page 337 and inserting in lieu thereof, the word fifty so that said Section when so amended, shall read as follows: City Court of Swainsboro. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Swainsboro, to be located in the City of Swainsboro, in the county of Emanuel, is hereby established and created, with civil and criminal jurisdiction over the whole county of Emanuel, concurring with the Superior Court to try and dispose of

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all civil cases of whatsoever nature wherein the principal amount claimed or involved exclusive of interest, is as much as fifty dollars, except those of which the Constitution of the State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of a felony committed in the county of Emanuel; that the jurisdiction herein conferred shall include not only ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in Superior Courts, either under the common law, or by statute, including among others attachments, and garnishment proceedings, illegalities, counter affidavits to any proceedings from said Courts, statutory awards, proceedings against intruders and tenants holding over, partition or personalty, issued upon distress warrants, foreclosures of all liens and mortgages on personalty, and quo warrantos. Jurisdiction. Sec. 2. Be it enacted by the authority of the aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911. SWAINSBORO, CITY COURT OF, ACT CREATING AMENDED. No. 186. An Act to amend an Act, entitled An Act to establish the City Court at Swainsboro, in and for the county of Emanuel; to define its jurisdiction and powers; to provide

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for the appointment of a Judge, Solicitor, and other officers thereof; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 14, 1906, as amended by the Acts of 1907, approved August 27, 1907, as amended by the Acts of 1910, approved August 10, 1910, and approved August 12, 1910, to provide for all fines and forfeitures and fees formerly coming into the hands of Solicitor of said City Court of Swainsboro shall be paid into the county Treasury in and for the county of Emanuel, and for other purposes; said amendment being by the striking out of Section eight of said Act of 1906, on page 339, all the words of said Section after the word shall in said Section and by striking out of the Acts of 1907 and 1910 everything in conflict with this Act. Section 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by the authority of the same, The aforementioned Act be, and the same is, hereby amended by striking out of Section eight of said Act of 1906, on page 339, all the words in said Section after the word shall in said Section and by striking out of the Acts of 1907 and the Acts of 1910 on pages 205, 206, 207 and 208, everything in conflict with this Act, so that said Section, when so amended, shall read as follows: City Court of Swainsboro. (Section 8.) Be it further enacted by the authority aforesaid, That there shall be a Solicitor of the City Court of Swainsboro, who shall be elected by the people of Emanuel at every general election held in and for said county for State and county officers, and the said Solicitor shall hold his office for a term of two years from the time of entering

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upon his duties as such Solicitor, unless he shall have been elected to fill some unexpired term in case of vacancy, which shall be filled at some special election held under the terms of the statute in cases of vacancies for State and county officials, in which event he will hold his office for the unexpired term. In case of any vacancy in the office of Solicitor of the City Court of Swainsboro, the same shall be filled under the same rules as are applicable in case of vacancies for State and county officials and in the same manner and form and under the same rules and regulations. No person shall be elected Solicitor of the City Court of Swainsboro unless at the time of his election, he shall have arrived at the age of twenty-three years, and shall have been a resident of said county and a practicing attorney at law two years immediately before his election. Provided , that said Solicitor so elected shall not begin his term of office till January 1, 1913, who shall be elected at the next general election held in and for said county for State and county officers. Solicitor, election, etc. Sec. 2. Be it enacted by the authority aforesaid, That Section 9 of said Act of 1906 and all amendatory Acts thereto be amended by striking therefrom the following words, the Solicitor of said City Court shall receive for his services the same fees as are allowed by law to Solicitors-General for like services in the Superior Courts and inserting in lieu thereof the following: Said Solicitor shall be paid the sum of one hundred dollars per month every month for his services as said Solicitor of said City Court, this to include all services of every kind and nature in the said City Court, said words being written in said Section after the word the in line 8 on page 340 of said Act of 1906, and before the words and in the Supreme

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Court, so that said Section when so amended shall read as follows: (Section 9). Be it further enacted by the authority aforesaid, That it shall be the duty of the Solicitor of said City Court to represent the State in all cases in said City Court and in cases carried up to the Supreme Court from said City Court to which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. In case the Solicitor of said City Court is absent, or shall, for any other reason be unable to attend the duties of the same the Judge of the City Court shall appoint some competent attorney to act as Solicitor pro tem., who shall be paid by the Solicitor of said Court out of his salary as said Solicitor. The Solicitor of said City Court shall receive the sum of one hundred dollars per month out of the county Treasury in and for said county of Emanuel, the said sum to bepaid monthly, and the said sum of one hundred dollars every month shall be paid in full for all services of every kind and nature in said City Court. The said Solicitor shall receive the usual fees allowed by law to Solicitors-General for like services in the Supreme Court and in the Court of Appeals. Solicitor, compensation, etc. Sec. 47. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That said Act of 1906 be and the same is hereby amended by striking out all of Section 47 and inserting in lieu thereof the following: (Section 47). Be it further enacted by the authority aforesaid, that all fines, forfeitures and convict hire arising from cases tried in said City Court shall be paid out by order of the Judge of said City Court. The fines and forfeitures

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arising from cases transferred from the Superior Courts to the City Court shall be distributed among the officers of the Superior Court and the City Court, except the part due the Solicitor of said City Court as allowed by law, which said amount shall be paid into the county. Treasury of said county. The Justices of the Peace and exofficio Justices of the Peace shall each receive their part allowed by law and the constables their part allowed by law, if any is coming to them, each officer receiving their pro rata share. The fines and forfeitures arising in said City Court out of cases originating in said City Court shall be pro rated between the county Treasury of Emanuel county, said county getting that part usually paid to the Solicitor of said City Court, the Clerk, the Sheriff of said City Court, the Justices of the Peace and ex-officio Justices of the Peace and constables on their bills for insolvent cost. It is expressly enacted that the said Solicitor shall not be prevented from collecting any insolvent cost due him prior to his election and qualification under this Act. If at any time there shall be a surplus of the insolvent funds arising from the cases originating in the City Court after the insolvent cost bill of the officers of the City Court is fully satisfied, it being expressly enacted that the amount due the Solicitor of said City Court after his qualification under this Act shall go into the county Treasury of said county of Emanuel, then such excess shall be paid into the county Treasury. Fines and forfeitures. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911.

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SWAINSBORO, CITY COURT OF, ACT CREATING AMENDED. No. 276. An Act to amend an Act approved August 14, 1906, entitled An Act to establish the City Court of Swainsboro in and for the county of Emanuel; to define its jurisdiction and powers; to provide for the appointment of Judge, Solicitor, and other officers thereof; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, by changing Section 11 of said Act relative to the appointment by the Judge of said Court of an officer to be known as the Clerk of the City Court of Swainsboro, by striking all of said Section 11 except the first line and providing in lieu thereof, that the Clerk of the Superior Court of Emanuel county, Georgia, shall be and act from and after the passage of this Act as the Clerk of said City Court of Swainsboro, and to provide for and define his duties as such Clerk; and by changing Section 12 of said Act relative to the appointment by the Judge of said Court of an officer to be known as the Sheriff of the City Court of Swainsboro, by striking all of said Section 12 except the first line and providing in lieu thereof, that the Sheriff of the County of Emanuel shall by virtue of his office as such Sheriff from and after the passage of this Act be and act as the Sheriff of said City Court of Swainsboro, and providing and defining his duties as such Sheriff. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, That Section 11 of an Act approved August 14th, 1906, establishing the City Court of Swainsboro in and for the county of Emanuel, be, and the same is hereby amended as follows: By striking all of said Section 11 except line one of said Section, and inserting in lieu of the part of said Section so stricken the following words: That the Clerk of the Superior Court of Emanuel county shall be and act from and after the passage of this amendment as ex-officio Clerk of the City Court of Swainsboro, and in his official connection with said City Court shall be known as the Clerk of the City Court of Swainsboro. He shall have the power to appoint a deputy or deputies, and all duties, liabilities and powers incident to, or attached to the office of the Clerk of the Superior Court shall be incident to and attach to the office of the Clerk of said City Court of Swainsboro. He shall not be required to give a bond in addition to that already given as Clerk of the Superior Court of Emanuel county, but the bond already given by him as Clerk of said Superior Court shall be held liable for the faithful performance of his duties as the Clerk of said City Court of Swainsboro. City Court of Swainsboro. The Judge of said Court shall have the same authority over said Clerk and his Deputies in the City Court, as the Judge of the Superior Court has in the Superior Court; so that said Section 11 when amended shall read as follows, to-wit: Sec. 11. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Emanuel County shall be and act from and after the passage of this amendment as ex-officio Clerk of the City Court of Swainsboro, and in his official connection with said City Court shall be known as Clerk of the City Court of Swainsboro.

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He shall have the power to appoint a Deputy or Deputies, and all duties, liabilities and powers incident to or attached to the office of the Clerk of the Superior Court shall be incident to and attach to the office of the Clerk of said City Court of Swainsboro. He shall not be required to give a bond in addition to that already given as Clerk of the Superior Court of Emanuel county, but the bond already given by him as Clerk of said Superior Court shall be held liable for the faithful performance of his duties as the Clerk of said City Court of Swainsboro. Clerk, duties and liabilities. The Judge of said City Court shall have the same authority over said Clerk and his Deputies in the City Court as the Judge of the Superior Court has in the Superior Court. Sec. 2. Be it further enacted by the authority aforesaid, That Section 12 of said Act be and the same is hereby amended as follows: By striking all of said Section 12 except line one of said Section and inserting in lieu thereof the following: That the Sheriff of Emanuel County shall be and act from and after the passage of this amendment as ex-officio Sheriff of the City Court of Swainsboro, and in his official connection with the said City Court of Swainsboro shall be known as the Sheriff of the City Court of Swainsboro. He shall have the power to appoint a Deputy or Deputies, and all duties, liabilities and powers incident to or attached to the office of the Sheriff of Emanuel county, shall be incident to and attach to the office of the Sheriff of the City Court of Swainsboro. He shall not be required to give a bond in addition to that already given by him as such Sheriff shall be held liable for the faithful performance of his duties as the Sheriff of said City Court of Swainsboro.

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The Judge of said City Court shall have the same authority over said Sheriff and his Deputies in the said City Court as the Judge of the Superior Court has in the Superior Court; so that said Section 12 when amended shall read as follows, to-wit: Sec. 12. Be it further enacted by the authority aforesaid, That the Sheriff of Emanuel county shall be and act from and after the passage of this amendment as ex-officio Sheriff of the City Court of Swainsboro, and in his official connection with the said City Court of Swainsboro shall be known as the Sheriff of the City Court of Swainsboro. He shall have the power to appoint a Deputy or Deputies, and all duties, liabilities and powers incident to or attached to the office of the Sheriff of Emanuel county, shall be incident to and attach to the office of the Sheriff of the City Court of Swainsboro. He shall not be required to give a bond in addition to that already given by him as Sheriff of the county of Emanuel, but the bond already given by him as such Sheriff shall be held liable for the faithful performance of his duties as the Sheriff of said City Court of Swainsboro. Sheriff, duties and liabilities. The Judge of said City Court shall have the same authority over said Sheriff and his Deputies in the said City Court as the Judge of the Superior Court has in the Superior Court. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911.

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SWAINSBORO, CITY COURT OF ACT CREATING AMENDED. No. 65. An Act to amend an Act approved August 14, 1906, entitled An Act to establish the City Court of Swainsboro, in and for the county of Emanuel; to define its jurisdiction and powers; to provide for the appointment of Judge, Solicitor, and other officers thereof; to define their duties and powers; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes, by changing Section 11 of said Act relative to the appointment by the Judge of said Court of an officer to be known as the Clerk of the City Court of Swainsboro, by striking all of said Section 11 except the first line and providing in lieu thereof, that the Clerk of the Superior Court of Emanuel county, Georgia, shall be and act from and after the passage of this Act as the Clerk of said City Court of Swainsboro, and to provide for and define his duties as such Clerk; and by changing Section 12 of said Act relative to the appointment of the Judge of said Court of an officer to be known as the Sheriff of the City Court of Swainsboro, by striking all of said Section 12 except the first line and providing in lieu thereof, that the Sheriff of the county of Emanuel shall by virtue of his office as such Sheriff from and after the passage of this Act be and act as the Sheriff of said City Court of Swainsboro, and providing and defining his duties as such Sheriff. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That Section 11 of an Act approved August 14th, 1906, establishing the City Court of Swainsboro in and for the county of Emanuel, be and the same is hereby amended as follows: By striking all of said Section 11 except line one of said Section, and inserting in lieu of the part of said Section so stricken the following words: That the Clerk of the Superior Court of Emanuel county shall be and act from and after the passage of this amendment as ex-officio Clerk of the City Court of Swainsboro, and in his official connection with said City Court shall be known as the Clerk of the City Court of Swainsboro. He shall have the power to appoint a Deputy or Deputies, and all duties, liabilities and powers incident to, or attached to the office of the Clerk of said City Court of Swainsboro. He shall not be required give a bond in addition to that already given as Clerk of the Superior Court of Emanuel county, but the bond already given by him as Clerk of said Superior Court shall be held liable for the faithful performance of his duties as the Clerk of said City Court of Swainsboro. The Judge of said City Court shall have the same authority over said Clerk and Deputies in the City Court as the Judge of the Superior Court has in the Superior Court; so that said Section 11 when amended shall read as follows, to-wit: City Court of Swainsboro. Sec. 2. Be it further enacted by the authority aforesaid, That Section 12 of said Act be and the same is hereby amended as follows: By striking all of said Section 12 except line one of said Section and inserting in lieu thereof the following: That the Sheriff of Emanuel county shall be and act from and after the passage of this amendment as ex-officio Sheriff of the City Court of Swainsboro, shall be known as the Sheriff of the City Court of Swainsboro. He shall have the power to appoint a Deputy or Deputies,

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and all duties, liabilities and powers incident to or attached to the office of the Sheriff of Emanuel county, shall be incident to and attach to the office of the Sheriff of the City Court of Swainsboro. He shall not be required to give a bond in addition to that already given by him as Sheriff of the county of Emanuel, but the bond already given by him as such Sheriff shall be held liable for the faithful performance of his duties as the Sheriff of said City Court of Swainsboro. The Judge of said City Court shall have the same authority over said Sheriff and his Deputies in the said City Court as the Judge of the Superior Court has in the Superior Court; so that said Section 12 when amended shall read as follows, to-wit: Sec. 12. Be it further enacted by the authority aforesaid, That the Sheriff of Emanuel county shall be and act from and after the passage of this amendment as ex-officio Sheriff of the City Court of Swainsboro, and his official connection with the said City Court of Swainsboro shall be known as the Sheriff of the City Court of Swainsboro. He shall have the power to appoint a Deputy or Deputies, and all duties, liabilities and powers incident to or attached to the office of the Sheriff of Emanuel county, shall be incident to and attach to the office of the Sheriff of the City Court of Swainsboro. He shall not be required to give a bond in addition to that already given by him as Sheriff of the county of Emanuel, but the bond already given by him as such Sheriff shall be held liable for the faithful performance of his duties as the Sheriff of said City Court of Swainsboro. Sheriff, duties and liabilities. The Judge of said City Court shall have the same authority over said Sheriff and his Deputies in the said

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City Court as the Judge of the Superior Court has in the Superior Court. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1911. Note by Compiler.Section 1 of this Act as here printed is incomplete but corresponds with engrossed and enrolled copies. Except as to said omission it is the same as the preceding Act. SYLVESTER, CITY COURT OF, ABOLISHED. No. 91. An Act to repeal an Act of the General Assembly of the State of Georgia 1904, beginning on page 207 and ending on page 219, approved August 11, 1904; and to repeal all Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of the State of Georgia of 1904, Acts 1904, page 207, approved August 11th, 1904 be, and the same is, hereby repealed; and that all Acts amendatory of said Act are hereby repealed. And that from and after the passage of this Act the City Court of Sylvester as established by the Act of the General Assembly of the State of Georgia in 1904, page 207, and approved August 11, 1904, said Court be abolished. Provided , that the provisions of this bill shall go into effect January 1st, 1912. City Court of Sylvester abolished.

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Sec. 2. Be it further enacted, That all civil and criminal cases in said Court be by this Act transferred and docketed upon the docket of the Superior Court of the county of Worth; and that all civil cases which stand for trial at the next succeeding term of the City Court of Sylvester, stand for trial at the next term of the Superior Court of Worth county; and that all special pleas and demurrers not hitherto heard and determined and judgment passed thereon shall be heard and determined in such manner as the Judge of the Superior Court may prescribe; and that all rights shall be as fully preserved to each of the parties as if the City Court had not been abolished, but that said suits and actions be placed upon the docket of the Superior Court just as they stood in the City Court of Sylvester; and that all indictments hitherto returned shall stand for trial in the Superior Court; and that all accusations, and that all warrants turned into the City Court shall be turned over to the grand jury next succeeding, after January 1st, 1912, for such action as the grand jury of the county may take in the premises. Cases pending therein, transferred to Superior Court, etc. Sec. 3. Be it further enacted, That no further costs in any of the cases now pending in the City Court of Sylvester be collected by any of the officers thereof, and that in no case now pending shall the officers of the City Court participate in any of the costs collected hereafter in any of the cases for any past services on any case not already disposed of in the City Court of Sylvester, but that the same stand on the docket of the Sylvester Court just as if they had been brought there and that the Clerk have and collect such costs as would have been the case had the civil cases been instituted in the Superior Court, and that all other officers participating in costs of Court participate as in cases of cost in the Superior Court, and that no officer

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named as a City Court officer shall as such City Court officer participate in cost collected in any case now pending in the City Court of Sylvester. Costs. Sec. 4. Be it further enacted, That all laws and parts in conflict herewith be, and the same are, hereby repealed. Approved August 17, 1911. WASHINGTON, CITY COURT OF, ABOLISHED. No. 42. An Act to repeal an Act entitled An Act to establish the City Court of Washington, in and for the county of Wilkes; to define its jurisdiction and powers; to provide for the election of a Judge and Solicitor thereof, and the appointment of other officers; to define their powers and duties, and for other purposes; approved August 9, 1905, and the several Acts amendatory thereof, approved August 3, 1910 and August 12, 1910. To provide for the disposition of business pending therein and all Court papers, and to provide when this Act shall go into effect, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Washington created and organized under and by virtue of an Act entitled An Act to establish the City Court of Washington, in and for the county of Wilkes, to provide for the election of a Judge and Solicitor thereof, and the appointment of other officers; to define their powers and duties, and for other purposes,

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approved August 9, 1905, and also the several Acts amendatory thereof approved August 3, 1910 and August 12, 1910, be and the same are hereby abolished, and the said Act is hereby repealed. City Court of Washington abolished. Sec. 2. Be it further enacted, That all books, dockets, records, papers, processes, and all cases and matters of what nature soever now on file and among the records of said Court be transferred to the Superior Court of said county of Wilkes and tried and disposed of in said Superior Court as if originally filed in said Superior Court, and all illegalities, claims and answers to garnishment proceedings, and all other proceedings growing out of execution, decree or order of said City Court of Washington shall be returned to said Superior Court of Wilkes county, and all witnesses subpoenaed in cases pending in said City Court of Washington shall attend the Superior Court of said county from time to time until said cases so transferred shall be disposed of. Cases pending therein and records transferred to Superior Court. Sec. 3. Be it further enacted, That all cases pending in said City Court of Washington so transferred to said Superior Court of Wilkes county, unless continued therein under the laws regulating continuances of cases in said Superior Court, shall stand for trial at the next term thereof of the said Superior Court. Trial of transferred cases. Sec. 4. Be it further enacted, That the provisions of this Act be submitted to a vote of the qualified voters of Wilkes county at the approaching special election for Governor, the question to be submitted being For abolishment of the City Court, or Against abolishment of the City Court, and if a majority of the votes polled be for abolishment this Act shall take effect, but if a majority of the votes

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polled be against abolishment then this Act do not take effect. Election to abolish. Sec. 5. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. WAYCROSS, CITY COURT OF, ACT CREATING AMENDED. No. 164. An Act establishing the City Court of Waycross, in and for the county of Ware; to define its jurisdiction and powers, and for other purposes, so that from and after the passage of this Act, that eight per cent of the amount arising from fines and forfeitures be set aside by the County Treasurer as a fund for the payment of insolvent costs of Justices of the Peace, Notaries Public and ex-officio Justices of the Peace and Constables, of said county, to be paid in the order of their priority. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, eight per cent. of the amount arising from fines and forfeitures in criminal cases, in the City Court of Waycross, shall be set aside by the County Treasurer of said Ware county, as a fund for the payment of insolvent costs, orders of Justices of the Peace, Notaries Public and ex-officio Justices of the Peace and Constables. City Court of Waycross. Fines and forfeitures.

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Sec. 2. Be it further enacted by the authority aforesaid, That the Treasurer of said county of Ware shall on the first day of each month, provided , the same does not fall on Sunday, then and in that event on the next day, he shall distribute said fund or so much thereof as the amount herein provided for will permit, to the oldest unpaid insolvent cost order in the order of their record upon the minutes in the Clerk's office of the said City Court of Waycross. Insolvent costs, how paid. Sec. 3. Be it further enacted by the authority aforesaid, That so much of the Act creating the City Court of Waycross, approved December 11th, 1897, and so much of the amendments thereof in the Acts approved July 30th, 1903, and August 23rd, 1905, respectively, as in conflict with the provisions of this Act, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. WAYCROSS, CITY COURT OF, TERMS WHEN HELD. No. 258. An Act to revise the calendar for the City Court of Waycross, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the first of January, 1912, the calendar for the City Court of Waycross be, and the same is, hereby revised so that the regular quarterly terms of said Court shall be on the third Mondays in March, June, September and December of each year. City Court of Waycross. Terms of.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. WAYCROSS, CITY COURT OF, ACT CREATING AMENDED. No. 184. An Act to alter and amend an Act entitled an Act to establish the City Court of Waycross, approved December 11, 1897, so as to allow the Judge of said Court to draw for each term thereof thirty-six jurors instead of twenty-four, as provided in the 28th Section of said Act, and as many tales jurors as he may deem necessary so as to keep on hand enough jurors during the term of said Court to facilitate the business of the same. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 28 of the Act establishing the City Court of Waycross, in and for the county of Ware, approved December 11, 1897, and found on pages five hundred and ten to five hundred and twenty in said Acts be, and the same is, hereby amended so that the same shall read as follows, to-wit: That from said panel of thirty-six traverse jurors drawn and summoned by the provisions of this Act, the Judge of said City Court shall cause to be made up three juries, which shall be known and distinguished as juries numbers one, two and three, and all cases and issues to be tried by jury, civil or criminal, at that

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term of said City Court shall be tried by one of these, or by a jury stricken from any two of said panels, as hereinafter provided. In case from any cause said panel should be reduced below twenty-four, the Judge of said Court shall have power to fill it by causing talesmen to be summoned instanter, or the Judge of said Court in his discretion may draw a sufficient number of talesmen when he is drawing a regular jury for any term, so as to have present at said Court at least thirty-six jurors, so as to proceed with the business of said Court without delay. It being the purpose of this amendment to authorize the Judge of said Court to have at all times a sufficient number of jurors during the regular term of said Court to facilitate the business thereof. In all criminal cases tried at the regular term of said Court, the defendant shall be entitled to seven premptory challenges, and the State five; and in all civil cases the plaintiff and defendant shall each be entitled to six premptory challenges; and all laws and rules, both civil and criminal, regulating the selections of juries in the Superior Court shall apply in the said City Court, except when they are inconsistent with the terms of this Act. City Court of Waycross. Juries. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. WRIGHTSVILLE, CITY COURT OF ABOLISHED. No. 90. An Act to repeal an Act approved August 11th, 1908, entitled An Act to establish the City Court of Wrightsville,

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in Johnson county; to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor, Sheriff, Clerk and other officers, and to provide for their election after the terms to which they are appointed shall have expired, as well as the salaries and fines thereof; to provide for the granting of new trials thereon, and writs of error therefrom, and to provide for the abolishment of the present City Court in said county, and to provide for the transfer of the business of the present City Court of Wrightsville, and to provide for the qualification of its officers, and for other purposes; also, to repeal all amendatory Acts thereto and thereof, and for other purposes. Section. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, that an Act approved by the General Assembly of Georgia, approved August 11th, 1908, entitled An Act to establish the City Court of Wrightsville, in Johnson county; to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor, Sheriff, Clerk and other officers, and to provide for their election after the terms to which they are appointed shall have expired, as well as the salaries thereof; to provide for the granting of new trials thereon and writs of error therefrom, and to provide for the abolishment of the present City Court in said county, and to provide for the transfer of the business of the present City Court of Wrightsville, and to provide for the qualification of its officers, and for other purposes, be, and the same, together with all amendments thereof and thereto, is and are hereby repealed, and said City Court of Wrightsville is hereby abolished. City Court of Wrightsville, abolished.

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Sec. 2. Be it further enacted by the authority aforesaid, That all the cases and business now pending in the said City Court of Wrightsville be, and the same is, hereby transferred to the Superior Court of said county, there to be tried as early as possible, and under all the rules governing trial of cases originating in said Superior Court; that the fees earned by the officers of the said City Court of Wrightsville be by the officers of the Superior Court of said county paid over to the officers of the said City Court of Wrightsville at once, after same is collected by said officers of the said Superior Court of said county; that the criminal cases and business of said City Court of Wrightsville be tried as speedily as possible after same is transferred to said Superior Court, and that the Solicitor-General account to and pay over to the present officers of the City Court of Wrightsville their earned costs at once after any such costs come into his hands. Upon the failure of said Solicitor-General of said Superior Court to account to and pay over to the present officers of the said City Court of Wrightsville all cost due them at once after same comes into his hands, he shall be liable and subject to rule as now required by law for any of said cost that he fails and refuses to pay over to said City Court officers. Cases and business transferred to Superior Court. Sec. 3. Be it further enacted by the authority aforesaid, That none of the provisions of this Act shall become operative until the first day of January, 1912. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and same are, hereby repealed. Approved August 17, 1911.

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BRYAN COUNTY, COUNTY COURT OF ABOLISHED. No. 178. An Act to abolish the County Court of Bryan county, Ga., to dispose of the business therein, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all general and local laws for the establishment of a County Court in the county of Bryan be, and the same are, hereby repealed, so far as are applicable to the county of Bryan, and by force thereof the County Court of Bryan county is hereby abolished. County Court of Bryan county, abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all documents, records, books, papers, suits mesne and final process of whatever nature and all criminal cases and business of every kind now pending in the County Court of Bryan county be, and the same are, hereby transferred to the City Court of Pembroke, Ga., for trial and final disposition, and it shall be the duty of the county Judge of the County Court of Bryan county to turn over such papers to the Clerk of the City Court of Pembroke, Ga. Cases and business transferred to City Court of Pembroke. Sec. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the Ordinary of Bryan county shall become Chairman of the Board of County Commissioners of Bryan county, and shall be empowered to perform all acts in connection therewith as were formerly performed by the Judge of the County Court of Bryan county. Ordinary of Bryan county, duties.

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Sec. 4. Be it further enacted by the authority aforesaid, That this Act shall not take effect until the Act establishing the City Court of Pembroke, Ga., shall become a law. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. CHARLTON COUNTY, COUNTY COURT OF ABOLISHED. No. 1. An Act to repeal an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereto, so far as the same applies to the county of Charlton, and to provide for the disposition of business therein pending. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act and all Acts amendatory thereof, as now embodied in the Code of 1895, be, and the same are, hereby repealed, so far as they apply to the county of Charlton, and the County Court of said county of Charlton is hereby abolished. County Court of Charlton county, abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all books, papers, suits, mesne and final process of whatever nature, and all criminal cases and business of

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every kind pending in the County Court of Charlton county, be, and the same are hereby transferred to the Superior Court of Charlton county, in the Waycross Circuit, for trial and final disposition; provided , that this Act shall not go into effect until the 1st day of January, 1912. Cases and business transferred to Superior Court of Charlton County. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are, hereby repealed. Approved July 25, 1911. ECHOLS COUNTY, JUDGE COUNTY COURT ELECTION, ETC. No. 117. An Act to elect the Judge of the County Court of Echols county by a vote of the people of Echols county at every general election for State and county officials; to provide for his term of office; to provide for his salary, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Judge of the County Court of Echols county shall be elected by a vote of the people of Echols county at every general election for State and county officials in and for said county, the first election coming in the year 1912. Said election shall be held under the same rules and regulations as are of force for members of the General Assembly of Georgia and for State and county officials in and for said county. County Court of Echols county, election of Judge, etc.

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Sec. 2. Be it further enacted, That said Judge shall be elected for a term of two years and shall hold his office until his successor is elected and qualified. He shall have attained the age of twenty-five years before he shall be eligible for the office of Judge of the County Court of Echols county. His term of office shall be two years. He shall be commissioned by the Governor of Georgia for a term of two years, and before entering upon the duties of his office he shall take and subscribe the following oath before the Ordinary of Echols county: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Georgia and the laws of the State of Georgia, and that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as Judge of the County Court of Echols county to the best of my ability and understanding; so help me God. Term, Qualification and oath of Judge. Sec. 3. Be it further enacted by the authority aforesaid, That said Judge shall be paid the sum of three hundred dollars per annum out of the County Treasury of said county, and that said sum shall be paid in quarterly installments. Salary of Judge. Sec. 4. Me it further enacted, That all laws and parts said, That said Judge shall make semi-annual sworn statements to each grand jury of said county of all costs charged, collected and paid out, from whom collected and to whom paid, and a full and complete statement of all of his official acts. Semi-annual reports of Judge. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 17, 1911.

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JEFFERSON COUNTY, COUNTY COURT OF ABOLISHED. No. 87. An Act abolishing the County Court of Jefferson county; providing when the said Act of abolishing shall become effective; to provide for the transfer of all unfinished business of the said Court to the City Court of Louisville, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the taking effect of this Act as hereinafter provided, the County Court of Jefferson county, in and for said county, be, and the same is, hereby abolished. County Court of Jefferson county, abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all business pending in said Court at the time of the going into effect of this Act, shall be transferred to the City Court of Louisville, Georgia, in and for said county of Jefferson; all books and papers and all proceedings of whatever kind, either civil or criminal, shall be turned over to the Clerk of said City Court to be disposed of as provided in the Act creating the said City Court of Louisville, Georgia. Business transferred to City Court of Louisville. Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall not take effect until the said Act creating the City Court of Louisville, Georgia, in and for the said county of Jefferson, shall have become a law and gone into effect as herein provided.

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Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. PIERCE COUNTY, COUNTY COURT OF ABOLISHED. No. 66. An Act to repeal an Act entitled an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Pierce, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act and all Acts amendatory thereof as now embodied in the Code of 1895, from Section 4170 to 42-17, inclusive, be, and the same are, hereby repealed, so far as they apply to the county of Pierce, and the County Court of said county of Pierce is hereby abolished; provided, however , that this Act shall not go into effect until the passage and approval of an Act creating the City Court of Blackshear, in and for the county of Pierce. County Court of Pierce county, abolished. Sec. 2. That all papers, books, suits, mesne and final processes, of whatever nature, and all criminal cases and business now pending in the County Court of Pierce county be, and the same are, hereby transferred to the City Court of Blackshear for trial and final disposition. Business transferred to City Court of Blackshear.

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Sec. 3. That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1911. WAYNE COUNTY, COUNTY COURT ACT AS TO AMENDED. No. 202. An Act to amend the general County Court Act, so far as it applies to the county of Wayne, by denying the right to defendants in misdemeanor cases in said county of Wayne, to demand indictment by the grand jury of Wayne county before going to trial, unless said demand is made in writing at the time of the arrest, or within three days thereafter. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that all defendants in the county of Wayne who are arrested on warrants charging misdemeanor offenses shall not have the right to demand indictment or presentment by the grand jury of Wayne county but shall go to trial in the County Court, upon a written accusation based upon the warrant against the defendant and in accordance with the terms and requirements now prescribed by law in the trial of such cases in the County Courts of this State; unless the demand for indictment is made in writing at the time of the arrest, or within three days thereafter. County Court of Wayne county. Trials in misdemeanor cases. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1911.

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TITLE II. MISCELLANEOUS. ACTS. Berrien County, Sale of Near Beer Prohibited. Berrien County, Board of Commissioners Created. Brooks County, Commission, Districts Laid Out. Burke County, Board of Commissioners Created. CalhounCounty, Board of Commissioners, Act Creating Amended. Colquitt County, Board of Commissioners Created. Colquitt County, Commissioners Authorized to Issue Bonds. Colquitt County, Transportationof Logs Regulated. Coweta County, Game Law for Enacted. Coweta County, Board of Commissioners, Act Creating Amended. DeKalb County, Board of Commissioners, Act Creating Amended. DeKalb County, Road Bonds, Etc. Douglas County, Game Law For. Early County, Game Law For. Floyd County, Board of Commissioners, Act Creating Amended. Franklin County, Board of Commissioners Abolished. Franklin County, Board of Commissioners Created. Gwinnett County, Board of Commissioners Abolished. Gwinnett County, Road Commissioner, Office Created. Gwinnett County, Board of Commissioners Created. Hall County, Board of Commissioners, Act Creating Amended. Hall County, Sale of Near Beer Prohibited. Hall County, Game Law For. Haralson County, Game Law For. Jenkins County, Board of Commissioners Abolished. Jenkins County, Board of Commissioners Created. Laurens County, Board of Commissioners, Act Creating Amended. Laurens County, Bond Commission Created. Liberty County, Board of Commissioners, Act Creating Amended. Liberty County, Board of Commissioners, Act Creating Amended. Milton County, Board of Commissioners Created. Montgomery County, Board of Commissioners, Act Creating Amended. Newton County, Road Bonds, etc. Oglethorpe County, Board of Commissioners, Act Creating Amended. Paulding County, Game Law For. Pulaski County, Board of Commissioners Abolished. Pulaski County, Board of Commissioners Created. Quitman County, Board of Commissioners, Act Creating Amended. Richmond County, Compensation of Treasurer. Screven County, Board of Commissioners, Act Creating Amended. Schley County, Board of Education Created. Spalding County, School Districts Consolidated. Terrell County, Sale of Near Beer Prohibited. Thomas County, Board of Commissioners, Act Creating Amended. Toombs County, Road Law Amended. Turner County, Slaughtering Animals Regulated. Walker County, Chickamauga School District Law Amended. Warren County, Road Tax, When Payable. White County, Road Law. Wilkes County, Board of Commissioners, Act Creating Amended.

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BERRIEN COUNTY, SALE OF NEAR BEER PROHIBITED. No. 132. An Act to make unlawful the sale of near beer and all imitations of beer or malt or any similar beverage or tonic within the limits of the county of Berrien, and to fix the penalty therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person, firm or for any agent or employee of any corporation to sell Near Beer, Malt Tonic, Malt Mead, Acme Brew, Bud, White Top, Augusta Brew, Red Rock Ale, Wurtzburger's Malt Tonic, Malt, or any other similar drinks or beverages of like kind or any substitute for any imitation beer, or intoxicating liquors within the limits of the county of Berrien. Provided , that neither the fact of the passage of this Act or anything herein contained shall ever be held or construed to mean or imply that alcoholic or malt liquor can now be lawfully sold in Georgia. Berrien county. Near beer, etc., sale of prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and shall, upon conviction, be punished as provided in Section 1065 of the Penal Code of Georgia, 1910. Punishment for violation. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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BERRIEN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 171. An Act to amend an Act approved August 23, 1905, amending the Act creating the Board of Commissioners of Roads and Revenues of Berrien county, approved September 20, 1887, so as to provide for the election and compensation of a clerk of the said Board, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 2 of an Act approved August 23, 1905, amending the Act approved September 20, 1887, creating the Board of Commissioners of Roads and Revenues of Berrien county, be, and the same is, hereby amended by striking from Section 2 of said Act approved August 23, 1905, the following words: That the Clerk of the Superior Court of Berrien county shall be Clerk of said Board and shall receive as compensation for services as such Clerk the sum of three dollars per day for actual services, and inserting in lieu thereof the following words: That the said Board of Commissioners shall elect a Clerk of said Board and said Clerk shall be paid as compensation for services as such Clerk, such sum as in the discretion of the said Board is reasonable and just, but not to exceed three dollars per day for actual services rendered, so that the said Section 2 when amended shall read as follows: Berrien county. Board of Commissioners. Section 2. Be it further enacted by the authority aforesaid, That Section 3 be stricken and the following inserted

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in lieu of said Section: Section 3. Be it further enacted, That the said Board of Commissioners shall elect a Clerk of said Board and said Clerk shall be paid as compensation for services as such Clerk, such sum as in the discretion of the said Board is reasonable and just, but not to exceed three dollars per day for actual services rendered. Clerk, how elected. Compensation. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. BROOKS COUNTY, COMMISSIONER DISTRICTS LAID OUT. No. 31. An Act to divide the county of Brooks into five (5) Commissioner Districts and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, That the county of Brooks, in said State, shall be divided into five (5) separate and distinct Commissioner Districts and that each District shall name its Commissioner in a manner now provided for the election of County Commissioners in the State of Georgia. Brooks county. Commissioners, election of. Sec. 2. Be it further enacted, That the aforesaid division shall be as follows: That the Militia Districts commonly known as Nankin and Hickory Head shall compose one Commissioner District and shall be known and numbered

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as one and known as the Nankin and Hickory Head District. Further , that the Militia Districts of Grooverville and Dixie shall compose District number two and be known as the Dixie and Grooverville Commissioner District. Further , that the Districts of Tollokas and Dry Lake shall compose Commissioner District number three and be known as the Tallokas and Dry Lake Commissioner District. Further , that the Militia Districts of Barney and Marven shall compose Commissioner District number four and be known as the Berney and Marven Commissioner District. Further , that the Militia District of Briggs and Quitman shall compose Commission District number five and be known as the Briggs and Quitman Commissioner District. Districts designated. Sec. 3. Be it further enacted, That the candidate receiving the highest number of votes cast in his district shall be the Commissioner from said district. Commissioner, election of. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. BURKE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 219. An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke to be elected by the qualified voters of said county, to define the duties of said Commissioners, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be created and established a Board of Commissioners of Roads and Revenues for the county of Burke in the State of Georgia, consisting of five persons who shall be elected by the qualified voters of said county at the general election to be held on the first Wednesday in October in the year 1912, and at each subsequent, alternate, general election, which election shall be held under the rules, regulations and laws governing the election of county officers in the county of Burke and said five persons shall possess the qualification of being resident freeholders of said County for at least three years prior to said election, shall be at least 28 years of age and eligible to election as a member of the General Assembly of the State of Georgia. Burke county. Commissioners, how elected. Qualifications. Sec. 2. Be it further enacted by the authority aforesaid that the five Commissioners thus elected, shall be commissioned by the Governor of said State and shall qualify and take the oath of office before the Ordinary of said county of Burke and that the term of office of said Board of Commissioners of Roads and Revenues shall be four years, and begin at the expiration of the present term of office of the present Board of Commissioners of Roads and Revenues of said county. Commission, term, etc. Sec. 3. Be it further enacted that when a vacancy shall occur in the membership of said Board, such vacancy may be filled by a majority of votes of all the remaining members of said Board of Commissioners for a suitable person to fill said vacancy for the unexpired term until the general election, at which the members of said Board of Commissioners are to be regularly elected. Vacancy, how filled.

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Sec. 4. Be it further enacted that each of said Commissioners of Roads and Revenues shall be paid $4.00 per day for each day that they actually serve and are sitting for county purposes. Compensation. Sec. 5. Be it further enacted that said Board of Commissioners shall hold their regular sessions on the second Tuesday in each month, in the office of the ordinary of said county of Burke, and they shall also be authorized to call an extra session at any other time for county purposes, when an emergency or the necessity shall require the same to be done. Sessions when and where held. Sec. 6. Be it further enacted, That not less than three of said Commissioners shall constitute a quorum of said Board and when only three are present, it shall require a unanimous concurrence to pass any order, transact any business or take any other action in regard to any county matter and when four of said Commissioners meet and are equally divided in their opinion on any question, the decision thereof shall be postponed until a full Board of five members can be had. No orders can be taken, or business of any kind transacted by said Board without the concurrence of at least three members of said Board. Quorum, what shall constitute. Sec. 7. Be it further enacted that the said Board of Commissioners of Roads and Revenues shall qualify and sign the oath of office required by law in the presence of the Ordinary of said county of Burke and when said oaths are thus signed and attested they shall be recorded upon the minutes of the Court of Commissioners of Roads and Revenues and the necessary certificate of qualification or other papers shall be forwarded to the Governor of said State or the officer directed by law to receive the same. Commissioners must qualify and sign oath.

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Sec. 8. Be it further enacted, That said Board of Commissioners of Roads and Revenues of said county shall have original and exclusive jurisdiction over the following subject matter to-wit: First, in directing and controlling all of the property of said County as they may deem expedient according to law, including the Court House, the Jail and Pauper Farm. Second, in levying a general tax for general purposes and a special tax for special purposes according to law. Third, in establishing, working, altering or abolishing all public roads, bridges and ferrys, in conformance with the law. Fourth, in establishing and changing election precincts and malitia districts. Fifth, in supplying by appointment all vacancies in county offices and ordering elections to fill them. Sixth, in examining, settling and allowing all claims against said county, duly authorized by law. Seventh, in examining and auditing the accounts of all officers, having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit and bringing them to a settlement. Eighth, in making such rules and regulations for the support of the poor of the County, for the promotion of health, as are granted by law or not inconsistent therewith. Ninth, to exercise such powers as are indispensible to a proper exercise of their jurisdiction; each and all of the above stated powers to be exercised in strict conformity to law as now existing or hereafter enacted. Jurisdiction. Sec. 9. Be it further enacted, That said Board of Commissioners shall have authority to employ annually, a superintendent for the public roads of said county, at a reasonable salary, to be fixed by said Board and that said Superintendent shall be required to give bond with good security in an amount to be designated by said Board and payable to said Board of Commissioners of Roads and Revenues of

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said county and their successors in office, for the faithful performance of his duties as such Superintendent, and for the proper handling of the property and funds of the county, that they may come into his possession as Superintendent aforesaid. Road Superintendent. salary, how fixed. Bond of Superintendent. That said Superintendent, the road overseers and guards, shall be under the control and direction of said Board of Commissioners and in conformity to the rules and laws of the Prison Commission and the State law, and that said Board shall have authority to discharge or remove any of them from office as in their judgment they shall deem to the best interest of the management of the affairs of said county. That said Superintendent shall be required by said Board to keep a correct and accurate account of all the funds and moneys collected by him and each month enter upon a book to be kept in the Ordinary's office, a correct itemized statement of all funds and moneys collected by him and from whom or what source received and to whom paid, and make such other report as said Board of Commissioners shall require of him or deem necessary for the proper understanding of the business transacted by him and of how much money has been collected and paid out each month. All books, records, statements of accounts, vouchers and other papers, shall be kept separate from the other records in the Ordinary's office. Superintendent and overseers under control of Board. Superintendent must keep book and make reports. Sec. 10. Be it further enacted that said Board of Commissioners shall have authority to relieve any person or corporation from double taxes, if in their judgment, the same should be done and that they shall have no authority to correct or change any tax returns or refund any tax money that shall have been paid by any person or corporation who shall be liable for taxes due the county or State. Board may relieve from double taxes.

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Sec. 11. Be it further enacted, That said Board of Commissioners shall pay upon an itemized sworn monthly statement rendered to them, such amount as they shall deem proper, to the Sheriff or jailor of said county for feeding and dieting the prisoners, who shall be confined in the jail of said County by due written process of law. Feeding and dieting of prisoners. Sec. 12. Be it further enacted that said Board of Commissioners, shall keep in view the proper, just and legal management of all of the affairs of the County entrusted to them by law and shall not approve or pay any account, claim, insolvent cost or other costs of any kind or any other demand against said county, unless the same is directed and authorized by law. No account must be paid not authorized by law. Sec. 13. Be it further enacted that the Ordinary of said county of Burke shall be the Clerk of said Board of Commissioners at a salary of $20.00 per month to be paid by said Board of Commissioners out of the county Treasury of said county and he shall keep on file in his office a book of minutes upon which he shall enter all the proceedings of said Board of Commissioners, a book of bonds upon which he shall record the bonds of all officers who qualify before said Board of Commissioners and such other books, records, vouchers and other papers as may be required by said Board of Commissioners. Clerk, his compensation and duties. Sec. 14. Be it further enacted, That said Clerk shall keep on file in the Ordinary's office the old Tax Digests (of Burke County and the new Tax Digests) that shall be delivered each year to the Board of County Commissioners by the Tax Receivers of said county the Clerk of said Board of Commissioners shall be paid fifty cents for each certified tax return or other extract from the tax books of said

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county by the person desiring said certified tax return or other extract from the tax books of said county. Tax digests, Clerk must keep on file in Ordinary's office. Fee for certified tax returns. Sec. 15. Be it further enacted by the authority aforesaid, That all County officers in the County of Burke, State of Georgia, to-wit: Ordinaries, Clerks of the Superior Court, Sheriffs, Coroners, Constables, Magistrates, Notaries Public, ex-officio Justice of the Peace, Tax Receivers, Tax Collectors, County Treasurers, County Surveyors, Superintendents of public roads shall qualify and take the oath of office before the Commissioners of Roads and Revenues of said County of Burke. All such oaths shall be written or printed and signed by the party qualifying before all or any one of said Commissioners of Roads and Revenues, either in term time or in vacation and all and each of said Commissioners of Roads and Revenues of said county are hereby authorized to administer oaths, for said purpose, as well as for all and every purpose incidental to and necessary to the discharge of their several duties. All such oaths when thus written or printed signed and attested, shall be entered on the minutes of said Commissioners of Roads and Revenues of said County. Certain county officers shall qualify and take oath before Commissioners. Sec. 16. Be it further enacted by the authority aforesaid that the official bond of each and all of said officers named in above Section (who by law are required to give bond) shall be approved by the said Commissioners of Roads and Revenues in term time or at a Court called for that purpose. Said approval to be signed by at least a majority of said Commissioners of Roads and Revenues and the fact of such approval must be entered upon the minutes of the Court of Commissioners of Roads and Revenues of said county. The bond of the County Treasurer, Constables and Tax Collector so far as concerns

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taxes, coming to Burke county, must be made payable to the said Commissioners of Roads and Revenues of said county and their successors in office and the bonds of all the other officers named above shall be made payable as now required by law, to the Governor of said State and his successors in office. All such bonds shall be recorded by the Clerk of the Court of Commissioners of Roads and Revenues in a book kept for that purpose. Bonds of certain officers made payable to Commissioners. Sec. 17. Be it further enacted by the authority aforesaid, That in all cases where it is now by law made the duty of the Ordinary of the county to order an election for any one of said officers or appoint to office, fill a vacancy, or remove any one of said officers from office, all such duties shall devolve upon and be performed by the said Commissioners of Roads and Revenues instead of by said Ordinary. Commissioners duties formerly devolving upon Ordinary. Sec. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of said Commissioners of Roads and Revenues of said County to furnish all parties, upon demand, with exemplification and transcripts of the papers and records of said Court of Commissioners of Roads and Revenues and for such service he shall be authorized to make the same charges as the Clerk of the Superior Court does for like service, which shall be in addition to the regular salary paid him. Exemplifications and transcripts. Charges for transcripts. Sec. 19. Be it further enacted by the authority aforesaid, That this Act shall take effect on the 11th day of January 1913, at which time the term of office of the present Board of Commissioners of Roads and Revenues of said County of Burke expires and that the Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the county of Burke expires and that the Act entitled

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An Act to establish a Board of Commissioners of Roads and Revenues for the county of Burke and to define their powers approved February 22nd, 1873, and the Acts amendatory thereof shall be and the same are hereby repealed after the said 11th day of January 1913. Act effective when. Sec. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. CALHOUN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 30. An Act, to amend an Act, approved August 10, 1908, establishing the Board of Commissioners of Roads and Revenues for the county of Calhoun; to amend Section nine by striking from the latter part of line six in Section nine and the first part of line seven in said Section the words, Not to exceed one hundred dollars per annum, and inserting in lieu thereof the words, In the discretion of the Board, and for other purposes. Section 1. Be it further enacted, That said Section nine be amended by striking from the latter part of line six in said Section and first part of line seven of said Section, the words, Not to exceed one hundred dollars per annum, and inserting in lieu, thereof the words, In discretion of the Board of said Commissioners, so that when said Section is amended will read as follows: Calhoun county.

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Section 9. Be it further enacted by the authority aforesaid, That said Commissioners may employ some competent person to act as Clerk of said Board of Commissioners of Roads and Revenues, and pay him such compensation as they may deem reasonable and just, in the discretion of the Board of said Commissioners. And it shall be the duty of said Clerk to attend each session of said Board, and keep a fair and regular book of minutes of all the transaction of the Board and to keep such other books and perform such other duties, not inconsistent with the law, as may be required of him by said Board; and before entering upon the duties of his office he shall take and subscribe an oath before one of said Commissioners, to faithfully discharge the duties required of him as Clerk of said Board and also enter into bond with good security to be approved by said Board, in the sum of five hundred dollars, payable to said Board of Commissioners and their successors in office conditioned for the faithful discharge of his duties as such Clerk, and said Clerk shall hold his office at the discretion of said Board, subject to be removed, at any time; and he shall be exempt from road militia and jury duty. Clerk of Board of Commissioners. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. COLOQUITT COUNTY, BOARD OF COMMISSIONERS CREATED No. 301. An Act to provide for a board of county Commissioners for Colquitt County in lieu of the present board of county

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Commissioners, to prescribe their duties, powers, salaries, obligations, methods of election, and other incidents of their office, to make regulations in reference thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That there is hereby created in the county of Colquitt a Board of County Commissioners in lieu of the present Board. The Board of County Commissioners herein created and their successors in office shall have full jurisdiction and control over all county matters in said county of whatever nature except such jurisdiction as has by general law been exclusively and irrepealably conferred in some other officer, and all the powers and duties hitherto conferred upon the Board of County Commissioners of said county shall be succeeded to by the Board herein provided for. Colquitt county. Board of Commissioners, created. Jurisdiction. Sec. 2. Said Board shall consist of five members. The terms of office and method of selection shall be as follows: The members of the present Board of County Commissioners of said County, to-wit: J. W. Coleman, J. H. Hall, I. H. Horn, J. P. Nettles and D. F. Luke, shall be members of said Board until their successors are elected and qualified as hereinafter provided. At the next general election of county officers in said county five Commissioners shall be elected from the five Commissioner Districts of said county of Colquitt as now had by Act of 1909, page 387, whose term of office shall begin on January 1st, 1913, the person being qualified and eligible for said office shall at said election receive the highest number of votes shall be commissioned and shall serve for six years; the two next highest for four years, and the two next highest for two years; and the successors to these, as their respective terms expire shall be

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elected at the biennial general elections of said county for county officers of said county, so that thereafter the term of office shall be for six years; but a commissioner shall hold until his successor is elected and qualified. Only resident free holders of said county who are otherwise eligible to hold county office shall be eligible to hold the office of county Commissioner. Each Commissioner before entering upon the duties of his office shall give a bond with good security to be approved by the Judge of the Superior Court and payable to the county of Colquitt in the sum of one thousand dollars conditioned that he will faithfully discharge the duties of his office, and will account to said County for any misappropriation participated in by him of any of the public funds passing under the control of said Board. They shall be commissioned by the Governor upon giving this bond and taking the usual civil oath. Commissioners named. Election of Successors. Sec. 3. In the event of a vacancy occurring on said Board the Judge of the Superior Court of the Circuit in which said county is located shall appoint some person to the vacancy to be commissioned and to hold said office for the unexpired portion of the term. Vacancy. Sec. 4. Said Board shall select one of their number as Chairman, and the Chairman so selected shall be the chief executive officer of said Board before entering upon the duties of his office he shall give an additional bond in the sum of $5000.00 with good security to be approved by the Judge of the Superior Court payable to the County of Colquitt, and to be filed in the office of the Ordinary, conditioned that he will faithfully perform all the duties incumbent upon him as Chairman of said Board, will faithfully account for all monies coming into his hands and passing under his control, and will not authorize, make or participate

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in any misappropriation of any monies or property belonging to the County. He shall have the power to direct the expenditures of the county's money for county purposes under the supervision and general direction of the bond, and shall be charged with the duty of seeing that they are properly and correctly expended lawfully and in accordance with the purpose to which they shall be devoted or ordered to be expended by the Board all county warrants or orders for the payment of money, shall be signed by him. He shall give his entire time and attention to the handling of county matters, and shall maintain and keep open at the county site an office on all days except Sunday and legal holidays. Chairman of Board, bond of, etc. Sec. 5. The members of the Board, other than the Chairman, shall receive as compensation for their services $5.00 per day for each day's actual service in attendance on meetings of said board. The Chairman shall receive as compensation for his services $62.50 per month payable monthly out of the county Treasury. Compensation of members of Board. Sec. 6. The Chairman of the Board shall have the power and authority to appoint a Clerk who shall in addition to keeping the minutes of the Board, and a record of its proceedings, and acting as its Clerk, act generally as Clerk to the Chairman, and keep a full financial record, under the direction of the Chairman, of all county monies, and the expenditures thereof, and shall keep a faithful account of all properties belonging to the County, and shall keep such other records and accounts as he shall be directed to keep by the Chairman, or by the Board. Once a quarter he shall publish a financial report of all expenditures of public money. He shall receive a salary to be fixed by the Board of not exceeding $50.00 per month. If the Board

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sees fit to do so they may authorize the chairman to act as his own Clerk and to receive a salary fixed for that office in addition to his other salary as Chairman of the Board. In either event the Chairman of the Board shall be ultimately liable for the conduct or misconduct of this Clerk, and it shall be his duty to see that said Clerk faithfully performs, all the duties of his office. This Clerk shall hold at the will of the Chairman, and shall be subject to discharge by him at any time in his discretion. Clerk, appointment, etc. Sec. 7. The County Commissioners shall have the authority to employ attorney whose duties shall be to advise the Board and its Chairman as to the legal phases of all matters coming before them, and to represent the county in all matters pending in the Courts of which the county shall be a party. The county attorney shall be elected at such term not exceeding two years, and at such compensation as the Board may fix and agree upon. Whenever it is deemed necessary the Board may employ additional counsel to assist the county attorney. County Attorney, appointment, etc. Sec. 8. The Board shall have the power to employ a county physician for the purpose of giving medical attention to prisoners, convicts, paupers and any other matters, requiring the services of a physician in the administration of which the county commissioners stand charged. In the employing of the county physician the County Commissioners may, in their discretion, more definitely fix and outline his duties and shall fix and outline the amount of his compensation. County Physician. Sec. 9. All process, original, mesne or final and all citations and notices issued by or on behalf of said Board shall be signed either by the Chairman of the Board or by the

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Clerk under test of the Chairman except in cases where the general law otherwise provides. Process, etc., how signed. Sec. 10. Said Board shall hold monthly sessions at the court house of said county on the first Tuesday in each month. It shall have the right to hold special and adjourned terms as the business of the county may demand, or as in their discretion may require. Special terms are to be called by the Chairman or by a majority of the Board. Three members of said Board shall constitute a quorum at any regular, special or adjourned meetings, but to the passage of any matter requiring official action the vote of at least three members shall concur irrespective of the number present. Sessions. Quorum. Sec. 11. The County Commissioners shall be exempt from jury duty and military service during their term of office. Exemptions. Sec. 12. Said County Commissioners are given the following powers and charged with the following duties, but this enumeration is not intended to exclude any other power or duty which they otherwise would have, or which is given them by Section 1 of this Act. To manage and make contracts relating to county property, county monies and other things due to or belonging to the county; to institute or defend suits on behalf of the county; to levy such general and special taxes as may be lawfully laid for county purposes; to borrow money on credit of the county in such cases as money may be lawfully borrowed; to supervise, control and manage the establishing, altering, abolishing, working and maintaining of all public roads, bridges and turnpikes, including the right to appoint all overseers and other officers necessary in the work; to buy all machinery,

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implements, live stock and other things necessary for the work; to establish, maintain and work chaingangs; to establish, alter and change election precincts and militia districts; to audit all claims against the county; to examine or cause to be examined the public records of various county officers; to make a provision for the support of paupers; to have jurisdiction over all county buildings, to take all necessary steps for the promotion of the public health as are not inconsistent with the law; to maintain, regulate and establish quarantines whenever necessary; to have jurisdiction over the granting and refusing of such licenses as county authorities of a county have the right to grant or refuse; and to have full and complete jurisdiction over all county matters. They shall sit as a court and have concurrent jurisdiction with the Ordinary in proceedings to remove obstructions from private ways. Powers and duties of Commissioners. Sec. 13. All conflicting laws are repealed. Approved August 21, 1911. COLQUITT COUNTY, COMMISSIONERS AUTHORIZED TO ISSUE BONDS. No. 27. An Act to authorize the Board of County Commissioners for Colquitt County to issue and sell county bonds of said county for any and all of the following purposes, and the amounts specified for each purpose, respectively, to-wit: for enlarging and improving the county jail, not exceeding fifteen thousand ($15,000) dollars of bonds; for building and repairing county bridges not exceeding

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eighty-five thousand ($85,000) dollars of bonds; for building and repairing the public roads of the county, not exceeding two hundred thousand ($200,000) dollars of bonds; to provide for an election or elections by the qualified voters of said county to determine the question whether said bonds, or any part of them, shall be issued; to provide for the payment of the principal and interest of said bonds, if issued; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Board of Commissioners of Roads and Revenue of Colquitt County, be, and they are, hereby authorized and empowered to issue and sell in the name and behalf of said county coupon bonds of said county for any and all of the following county purposes, and in the amounts herein specified for each purpose respectively, to-wit: for improving and enlarging the county jail not exceeding fifteen thousand ($15,000) dollars of bonds; for building and repairing county bridges not exceeding eighty-five thousand ($85,000) dollars of bonds; for building and repairing the county public roads not exceeding two hundred thousand ($200,000) dollars of bonds; said bonds, if issued, to be known and designated respectively as jail bonds, bridge bonds, and road bonds; provided , that said bonds, or any portion of them shall not be issued or sold until two thirds of the qualified voters of said county have authorized and assented to the issuance of the same at an election or elections to be called and held for that purpose as hereinafter provided. Said bonds shall all be made to fall due and become payable, principal and interest, within thirty years from the date of their issue; the principal to mature annually, in such amounts or installments, as said Board of Commissioners may fix and determine; they shall bear

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interest at a rate not exceeding five per centum per annum, payable semi-annually, covered by interest coupons thereto attached, the principal and interest to be payable in gold coin of the United States of the present standard of weight and fineness; and they shall not be sold below par. Colquitt County, Commissioners may issue bonds as specified. And said Board of County Commissioners shall have full power and authority, subject to the terms, limitations and provisions of this Act, to fix and determine, in their discretion, the denominations of said bonds; the amount to be voted on for each of the said purposes; how said bonds and the interest coupons thereto attached shall be executed; at what time or times, in what amounts, and in what manner they shall be issued and sold; how much of the principal shall mature each year, and times when principal so maturing each year, and the semi-annual interest accruing each year shall be due and payable, and the place and manner of payment; how said bonds may be registered; when they shall be fully paid off; and all other questions, terms and details connected with the issuance, sale and payment of said bonds, and the proceeds of the sale of said bonds, if issued and sold, shall be expended and applied in accordance with the laws in such case made and provided for, and to the several purposes, respectively, for which said bonds issued, and to no other purpose. Denominations, etc., of bonds. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the Board of County Commissioners of Colquitt county be, and they are, hereby authorized and empowered, at such time as they in their discretion may determine, to submit to the qualified voters of said county, for their determination the question whether said bonds, or any of them, shall be issued, at an election to be called for that purpose

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by said Board of Commissioners. Such election shall be called and held, and the result declared, subject to and in accordance with all and singular the laws of this State applicable to elections by counties to determine the question of issuing county bonds, and provisions shall be made in the submission of the question for a separate vote upon each class of bonds, voted upon so that the qualified voters of said county at such election may vote for or against any or all of the bonds in question. If the result of such election be against the issuance of said bonds, or any of them, then and in that event said Board of Commissioners is hereby authorized and empowered in their discretion to order a second election to be called and held as herein provided, at which the bonds so voted against may be again voted upon by the qualified voters of said county; provided , that said second election shall not be held earlier than one year from the date of said first election. Any election called under the authority of this Act may, in the discretion of said Board of County Commissioners, be ordered to be held upon the same day upon which any other election in said county is being held or ordered to be held, and said Board of Commissioners is hereby authorized and empowered to issue and sell only such of said bonds as may receive the assent of two-thirds of the qualified voters of said county at an election called and held as herein provided. Elections for bonds. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That in the event said bonds, or any of them, are issued and sold as authorized and provided for by this Act, said Board of Commissioners shall at or before the time of such issuance and sale provide for the assessment, levy and collection during the life of such bonds of an annual county tax upon the taxable property of said county sufficient in

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amount to pay the interest accruing semi-annually each year upon said bonds so issued; and sufficient amount also to pay so much of the principal of said bonds as may mature each year; provided , that the principal of said bonds be made to mature annually in such amounts or installments that the entire issue, principal and interest, shall become due and payable within thirty years from the date of the incurring of said bonded indebtedness. Tax to pay bonds. Colquitt Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911. COLQUITT COUNTY, TRANSPORTATION OF LOGS OVER ROADS AND BRIDGES REGULATED. No. 67. An Act to regulate log carts, trains, traction engines or other teams loaded with logs that drag upon the ground or swing from side to side traveling over the public bridges and roads of Colquitt county, requiring the owners of such vehicles to first obtain written permission from the County Commissioners of said county before driving such teams over the bridges and roads of said county, giving said County Commissioners authority to grant such permission so to do upon such terms as said Commissioners may impose, providing a penalty for the owners and persons operating such vehicles from passing over the roads and bridges of said county without having obtained permission from said County Commissioners

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providing that no team or engine, which when loaded, shall weigh more than four tons, shall pass over the bridges of Colquitt county, providing a penalty for any person driving such a team or vehicle over said bridges; also to require the owner or builder of any tram road of whatever kind crossing the public roads or bridges of said county to first obtain written permission from the county Commissioners of Colquitt county before building such tram road, giving said county Commissioners authority so to do upon such terms as said Commissioners may impose, providing a penalty for any person building such tram road without having obtained permission from said County Commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any log cart, trains, traction engine or team of any character loaded with logs in such manner that said logs shall drag the roads, or are left so as to swing from side to side to pass over the public roads and bridges of Colquitt county without first obtaining written permission of the County Commissioners of said county. Colquitt county, protection of roads and bridges. Sec. 2. Be it further enacted, That the County Commissioners of said county may grant written permission for such vehicles or teams so loaded to pass over the public roads and bridges of Colquitt county upon such terms and conditions as said Commissioners may impose. And the owners of such teams or vehicles shall be liable to pay any damages done to such roads and bridges of said county that may be caused by the operation of such teams or vehicles loaded as aforesaid. License to transport logs.

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Sec. 3. Be it further enacted, That any person owning and operating such team or vehicle so loaded upon said roads and bridges without having obtained written permission from said Commissioners and complying with the requirements of said Commissioners shall be guilty of a misdemeanor, and upon conviction shall be punished as provided by Section 1065 of Volume 2 of the Code of Georgia, 1910. Violation of this Act, punishable. Sec. 4. Be it further enacted, That from and after the passage of this Act, it shall be unlawful for any tram road of whatsoever kind to be built across the public roads or bridges of Colquitt County without the owner or builder of such tram roads having first obtained the written permission of the County Commissioners of said county. Tram roads. Sec. 5. Be it further enacted, That the County Commissioners of said county may grant permission for the building of such tram roads across the public roads or bridges of Colquitt county upon such terms and conditions as said Commissioners may impose. Permit to cross highways. Sec. 6. Be it further enacted, That any person so building such tram road as aforesaid without having obtained the written permission from said County Commissioners and complying with the requirements of said Commissioners shall be guilty of a misdemeanor and upon conviction be punished as provided by Section 1065, Volume 2, of theCode of Georgia of 1910. Crossing highways without permit punishable. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, bereby repealed. Approved August 10, 1911.

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COWETA COUNTY, GAME LAW ENACTED. No. 17. An Act to prohibit the shooting, trapping, killing, netting or destroying, in any manner, any partridge or dove in the county of Coweta for a period of three years, and to provide a penalty for a violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be unlawful for anyone to shoot, trap, kill, ensnare, net or destroy in any manner any partridge or dove within the limits of Coweta county, for a period of three years from the passage of this Act. Coweta county. Protection of partridges and doves. Sec. 2. Be it further enacted by the authority aforesaid, that any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in Section 1039, Volume 3, of the Code of 1895. Violation of this Act, punishable. Sec. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911. COWETA COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 64. An Act to require the Commissioners of Roads and Revenues in and for the county of Coweta, to work all of the

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main roads leading through each of the incorporated towns and cities in said Coweta county with the convicts of the chaingang of said Coweta county, in proportion as the roads of the said county of Coweta are worked by the said convicts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be the duty of the Commissioners of Roads and Revenues in and for the county of Coweta to require the convicts of the chaingang of said Coweta county, to work all of the main roads leading through each of the incorporated towns and cities in said Coweta county, in proportion as the roads of the said Coweta county are worked by the said convicts; provided , that whenever the said Commissioners of Roads and Revenues order the said convicts to work in any of the said towns or cities in pursuance of this Act, the grade, style, character and place or places of said work, shall be determined by the municipal authorities of the said cities or towns where said work is to be done, and when so determined by the said authorities, it shall be the duty of the said Commissioners of Roads and Revenues to see that the work is done by said convicts in said towns and cities as directed by said municipal authorities. Coweta county, chaingang, employment of on roads. Sec. 2. Be it further enacted by the authority aforesaid, That if the Commissioners of Roads and Revenues of said Coweta county refuse or neglect to require the said roads of said towns and cities to be worked, as herein directed, then the said authorities of said towns and cities are hereby authorized to compel the said Commissioners of Roads and Revenues of said Coweta county to do the work as herein directed, by appropriate legal proceedings. Commissioners how required to have work done.

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Sec. 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this law be and the same are hereby repealed. Approved August 9, 1911. DEKALB COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 112. An Act to amend an Act entitled An Act to authorize the election of a Commissioner of Roads and Revenues for the county of DeKalb; to prescribe his powers, duties and compensation; to repeal the Act approved December 18, 1902, creating a Board of Commissioners of Roads and Revenues for said county, and for other purposes, approved August 21, 1906, by repealing Sections 11 and 12 of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Sections 11 and 12 of An Act to authorize the election of a Commissioner of Roads and Revenues for the county of DeKalb; to prescribe his powers, duties and compensation; to repeal the Act approved December 18, 1902, creating a Board of Commissioners of Roads and Revenues for said county and for other purposes, approved August 21, 1906, be, and the same are, hereby repealed. Sections repealed refer to franchises. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911.

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DEKALB COUNTY, ROAD BONDS, ETC. No. 185. An Act to authorize the county of DeKalb to issue bonds for the purpose of building and permanently improving the roads of the county, to provide for a sinking fund Commission for said county, to define the powers and duties of said Commission, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That authority is hereby granted to the county of DeKalb to issue bonds for the purpose of building permanent roads in said county to an amount not to exceed the amount allowed by the Constitution and laws of Georgia. DeKalb county. Road bonds. Sec. 2. Before said bonds shall be issued the County Commissioner, or the officer or officers charged with levying taxes and contracting debts, etc., for said county shall, by appropriate order entered upon the minutes direct that said bonds shall be issued and the amount thereof, together with all terms, rate of interest, time of maturity, place of payment, and other details, and provide in said order for notice according to law and for the election according to law. Order for issuance. Sec. 3. Thereafter, when all of the provisions of the laws and Constitution of Georgia upon the subject of the issuance of bonds shall have been complied with, said bonds may be issued in accordance with the notice given, and shall become on obligation binding upon the people of said county and upon said county with all the qualities of commercial paper. Binding obligation.

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Sec. 4. In the event said bonds are issued, the County Commissioner of said county, or the officer or officers charged with levying taxes and contracting debts, etc., for said County, shall provide for the levy and collection of a special annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually, and also sufficient to provide a sinking fund to pay off the principal of said bonds at their maturity. The said sinking fund shall be paid over annually as it is collected to a Commission to be known as the DeKalb County Sinking Fund Commission which Commission shall be composed of five men selected by the Judge of the Superior Court of the Stone Mountain Circuit from among the citizens of said county who are freeholders and qualified voters. Sinking Fund Commission. Said Judge shall have the power to fill any vacancy in said Commission from whatever cause such vacancy may occur, and shall have the authority to remove from office any member of said commission for mismanagement or misappropriation of said funds. Vacancies on Commission. It shall be the duty of said Commission to invest and to keep invested such funds as are paid into the bonds in such securities as may seem to it sound, and as provided by the laws of Georgia, until needed for the payment of said bonds. Investments by Commission. Said Commission shall make annual reports of its actings and doings to the County Commissioner, or the officer or officers of said county charged with the duty of levying taxes, contracting debts, etc., for said county. Reports of Commission. Sec 5. All laws and parts of laws in conflict with this act shall be, and hereby are repealed. Approved August 18, 1911.

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DOUGLAS COUNTY, GAME LAW ENACTED. No. 62. An Act to prohibit the shooting, trapping, killing, ensnaring, netting or destroying, in any manner, any partridge, dove, or other game bird in the county of Douglas for a period of three years, and provide a penalty for a violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for anyone to shoot, trap, kill, ensnare, net or destroy in any manner any partridge, dove, or other game bird within the limit of Douglas county, for a period of three years from the passage of this Act. Douglas county. Protection of game birds. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating the provision of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in Section 1039 of the third Volume of the Code of 1895. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. EARLY COUNTY, GAME LAW ENACTED. No. 114. An Act to prohibit the killing of doves, partridges and quail in the county of Early for a period of five years, and

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for other purposes, and to provide for a penalty for a penalty for a violation of the same. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to shoot, kill, trap, ensnare or destroy in any way any dove, partridge or quail for a period of five years from the passage of this Act in the county of Early, in the State of Georgia. Early county. Protection of doves and partridges. Sec. 2. Be it further enacted by the authority aforesaid, That any person or persons who shall violate any of the terms of the aforementioned Act shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in Section 1039 of the Penal Code of 1895. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. FLOYD COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 135. An Act to provide uniformity in the compositions of Board of Commissioners of Roads and Revenues in Floyd county, State of Georgia, to specify the number of Commissioners, to regulate the mode of nomination and election of the members of said Board, the term of office, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Board of Commissioners of Roads and Revenue of Floyd county, State of Georgia, shall consist of six members. Floyd county. Board of Commissioners. Sec. 2. That any citizen of the said county of Floyd, State of Georgia, where a Board of Commissioners is now, or may hereafter be established, who is qualified by law to represent his county in the General Assembly of said State, is qualified to be a member of the Board of Commissioners for Roads and Revenue in such county; provided , that no one can become a candidate for election to said office until he has first been nominated as a candidate therefor in a primary election as hereinafter specified. Qualifications. Sec. 3. That said Commissioners shall be elected at the regular biennial elections held in said county for county officers, and shall, except as herein otherwise provided, be elected for a term of six years; provided , that the first Commissioners elected under this Act shall not have terms of equal length, but the two who receive the highest number of votes cast, shall be declared elected for six years; the two who receive the next highest number of votes cast, shall be declared elected for four years; and the two who receive the next highest number of votes cast, shall be declared elected for two years. In case of a tie vote, the term of office shall be settled between the candidates concerned, by lot, and the successors of the said first elected Commissioners respectively, shall be declared elected for a term of six years, so that the term of office of two Commissioners shall expire every two years. Elections and terms of office.

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Sec. 4. Be it enacted further by the authority aforesaid, That for the purpose of this Act the said county of Floyd shall be divided into six parts of road districts, to be constituted as follows: That 919th Rome District, Georgia Militia, shall form a road district No. 1. The 2nd road district shall include and be composed of Etowah 1048, Watters 859; the 3rd road district shall include and be composed of Chulio 962, Lindale 1562, Howells 1504, Barker 924; the 4th road district shall include and be composed of Cave Springs 829, Fosters Mill 1453, Vans Valley 1478 and Livingston 1059. The 5th road district shall include and be composed of North Carolina 855, State Line 1569, Flatwoods 1129. The 6th road district shall be composed and include Texas Valley 923, Glenwood 1688, Everetts Springs 1337, and Floyd Springs 949. Road districts. Sec. 5. Be it further enacted and it is hereby enacted by the authority aforesaid, That from each district the member receiving the highest votes in said county shall constitute the Board, and no two shall be elected from any one road district in said county. A Commissioner for each district. Sec. 6. That the first Commissioners elected under this Act in Floyd county affected thereby, shall be the lawful Commissioners to the present encumbents and shall, when commissioned and qualified, constitute the said Board of Commissioners respectively, and they, and their successors shall succeed to all the powers and functions of their predecessors as a Board, and as members of said Board regardless of the difference in the number constituting the preceding and succeeding Boards. Commissioners.

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Sec. 7. That all candidates for election to the Board of Commissioners of Roads and Revenues in Floyd county, State of Georgia, shall be nominated by ballots at a primary election to be held, not later than one week before the regular biennial election of county officers as now, or may hereinafter provided by statute. Provided , that said nomination may be submitted to a vote at any legal primary election held for nomination of candidates for other county and State officers seeking election at the same general election with said Commissioners; provided, further , that candidates for nomination in such primary election shall comply with stipulations required by the proper authorities, before their names can be printed on the tickets at such nominating elections. Primary election. Sec. 8. That when the number of candidates qualified to contest for a nomination in such primary does not exceed twice the number of Commissioners to be elected, and the time in which other nominees can be added in part, the Ordinary is thereupon authorized and to become his duty to declare said candidates to be thereby nominated, and the ballot dispensed with. If the number of candidates qualified to contest in said primary is more than double the number of Commissioners to be elected, then a number of candidates, equal to double the number of Commissioners to be elected at said election, who receives the highest number of votes in said primary election, shall be declared thereby nominated to stand for election at said coming regular election; provided , that the ballots shall be counted in said primary election unless half the number of candidates are by it voted for. Candidates. Sec. 9. That at the first general election held after the passage of this Act, for the election of county officers, the

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names of those nominated as specified and provided in the last two Sections, not more than twelve nor less than six, shall be printed upon the general ticket, or upon a separate ticket for the Commissioners, as may be determined by the Ordinary as hereinafter provided, and every voter shall be required to vote for six of said nominees. A failure to vote for as many as six nominees, shall render the vote illegal, and it shall not be counted. The six candidates who shall receive the highest number of votes, not less than a majority of the ballots cast for all the Commissioners, shall be declared elected to constitute the Board of Commissioners of Roads and Revenues of the county of Floyd, State of Georgia. Nominees. Sec. 10. That said Commissioners, when so elected and qualified by the Ordinary, shall receive their commissions from the Governor of the State of Georgia, but nothing herein shall be construed to change or modify in any particular or degree the jurisdiction, duties, obligations, powers and functions, conferred and imposed upon said Board of Commissioners of Roads and Revenue, by the laws of the State of Georgia, whether local or general, nor shall anything herein be construed to oust any present encumbent of the office of Commissioner of Roads and Revenue in the county of Floyd, State of Georgia, nor to shorten the term for which he may now hold commission. Powers and duties of Board. Sec. 11. Be it further enacted by the authority aforesaid, That the Ordinary of Floyd county, where members of Boards of Commissioners of Roads and Revenues are to be elected in said State, shall have authority, and it is hereby his duty to make all necessary arrangements and preparations for holding a primary election in Floyd county as provided for in this Act, for the nomination of

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candidates for membership of the Board of Commissioners of Roads and Revenue. He may, in his discretion, unite with the authorities having in charge any general county primary so as to hold the primary herein provided for at the same time and place, and the Ordinary shall be allowed for his compensation fifteen dollars, besides necessary expenses including necessary assistants, for which, on a proper voucher the Boards of Commissioners of Roads and Revenue are hereby authorized and directed to draw their warrant on the County Treasurer. In case said primary is held independently of any other primary, the fees shall be the same as are now allowed the managers and clerks, in other elections, and payable by the county in the same way. In case the primary is held in connection with another primary, the expenses of such joint primary shall be charged to the county pro rata, and payable on the proper voucher of the Ordinary. Duties of Ordinary. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. FRANKLIN COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 211. An Act to repeal an Act entitled An Act to create the office of Commissioner of Roads and Revenues, in and for Franklin county, provide the methods of the election of such officers, and his duty; and provide for his salary

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and term of office, provide for the management of county affairs interim, and for other purposes, approved August 13, 1907. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the above entitled Act to create the office of Commissioner of Roads and Revenues, in and for Franklin county, and for other purposes, approved August 13, 1907, be, and the same is, hereby repealed. Franklin county. Board of Commissioners abolished. Sec. 2. Be it further enacted, That this Act shall not become of force and effect until a bill known as House Bill No. 679, now pending in the General Assembly of this State, and entitled An Act to create a Board of Commissioners of Roads and Revenues for Franklin county, and for other purposes, shall have passed, and been approved by the Governor of this State. When effective. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. FRANKLIN COUNTY, BOARD OF COMMISSIONERS CREATED. No. 237. An Act to create a Board of Commissioners of Roads and Revenues for the county of Franklin; to provide for the

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election of the Commissioners who shall constitute said Board; to prescribe their terms of office; prescribe their duties, fix their salaries, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after January 1st, 1912, a Board of Commissioners of Roads and Revenues for the county of Franklin, to consist of five persons, is hereby created. Said Commissioners shall be qualified voters of said county, and shall be bona fide residents of the Commissioner's district from which they are elected, which districts are defined in Section 2 of this Act. Franklin county. Board of Commissioners created. Sec. 2. Be it enacted by the authority aforesaid, That for the purpose of this Act the said county of Franklin shall be divided into five Commissioner's districts, to be constituted as follows, to-wit: The first Commissioner's district shall be composed of Carnesville (264th) Militia District; the second Commissioner's district shall be composed of Bryant's (206th), Gumlog (213th), and Wilburn (1377th) Militia Districts; the third Commissioner's district shall be composed of Canon (1363rd), Manley's (370th), and Middle River (1420th) Militia Districts; the fourth Commissioner's district shall be composed of Ashland (1686th), Gunnel's (210th), and Dooley's (263rd) Militia Districts; the fifth Commissioner's district shall be composed of Strange's (812th), Flintisville (211th), and Red Hill (212th) Militia Districts. The Commissioners aforesaid shall have authority by a majority vote of said Board to attach any new Militia Districts that may be created to any one of the five districts. Commissioners districts. Sec. 3. Be it further enacted by the authority aforesaid, That at the regular session of the Superior Court in

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and for Franklin county on the fourth Monday in September, 1911, next after the passage of this Act, the grand jury not later than the third day of said session shall elect by a two-thirds vote by ballot five citizens of said county, selecting one from each of the Commissioner's districts as set out in Section 2 of this Act, and shall annually thereafter not later than the third day of the regular session of the Superior Court in and for Franklin county at its September term, elect one Commissioner from the Commissioner's district whose Commissioner's term expires the succeeding December 31st, it being the intention of this Act that the term of one Commissioner shall expire on the 31st day of December of each year. All vacancies which shall occur by reason of the expiration of a term of office shall be filled by the grand jury by two-thirds vote by ballot, and all other vacancies shall be filled by appointment of the Ordinary of Franklin county until the succeeding September term of the Superior Court when the grand jury shall fill the unexpired term as in cases of election. The term of office of all Commissioners shall be for five years except as provided in Section fourth of this Act. Commissioners, how elected. Sec. 4. Be it further enacted by the authority aforesaid, That within sixty days of the adjournment of the September term, 1911, of the Superior Court of said county the Commissioners elected as provided in Section 3rd of this Act, shall meet and decide by lot among themselves who shall serve the terms one, two, three, four and five years, which fact they shall immediately make known to the Clerk of the Superior Court who shall enter the same upon the minutes of the Court and certify to the Governor under the seal of his office the name of the persons chosen, together with the terms of each, and the Governor shall, upon receipt thereof, commission each for the terms so certified. On the

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first day of January, 1912, said Commissioners shall meet at the court house at the county seat in said county, and shall from among their number choose one as chairman, elect a clerk, and proceed to organize for the purpose of carrying into effect the provisions of this Act. Said Board shall thereafter annually at its first meeting in January elect one of their number as chairman, whose term of office shall be for one year. Terms of office. Sec. 5. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of said county as they may deem expedient according to law; in levying taxes according to law; in establishing, or abolishing roads and bridges according to law; in establishing, abolishing or changing election precincts or militia districts; in supervising Tax Collector's and Tax Receiver's books; in allowing the insolvent list of said county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to or appropriated for the use and benefit of said county, and in bringing them to settlement; in providing for the poor of the county, and for the promotion of health as granted by law, or not inconsistent with law; in examining the tax digest of said county for the correction of errors; in regulating or fixing license fees as may be provided by law; in establishing and maintaining the county chaingang; in working said chaingang on the public roads or public works of said county as provided by law; in electing or appointing all minor officers and employees of said county whose election is not otherwise provided by law, such as warden and guards of convicts of chaingang, janitor of court-house and jail, superintendent of pauper farm, county physician and district

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overseers; in making such rules and regulations as they may deem best for the interest of the county, governing all minor officiers and employees appointed by them, and fixing such reasonable compensation for them as said Board may deem best for the interest of the county; in providing for a uniform system of collecting the commutation road tax, the amount to be paid or the number of days work on the roads of said county in lieu thereof; in levying and collecting the tax for roads provided in Section 696 of the Code of Georgia of 1910; in fixing the time when the commutation tax shall be paid or the work performed; in trying all road defaulters in accordance with law; and generally to have and to exercise all the power heretofore vested in the Ordinary of said county when sitting for county purposes and to have original and exclusive jurisdiction over the subject matters mentioned and embraced in Section 4796 of the Code of Georgia of 1910, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Jurisdiction of Board. Sec. 6. Be it further enacted by the authority aforesaid, That the Clerk of the grand jury shall furnish to the Clerk of the Superior Court of Franklin county a certificate showing the Commissioners elected by the grand jury within five days of the adjournment of the Court, together with the term for which they are elected, and it shall be the duty of said Clerk to enter the same upon the minutes of the Court and certify to the Governor under the seal of his office the names of the persons so chosen, and the Governor shall upon receipt thereof commission them for the term for which they are elected, and each member of said Board before entering upon the discharge of his duties, shall subscribe to the oath required by law for county officers, and shall give a good and solvent bond, payable to the Governor

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of said State, and his successors in office, in the sum of one thousand ($1,000.00) dollars, to be approved by the Ordinary of said county, conditioned for the faithful performance of his duty as such Commissioners. Certificate of election, Oath and bond. Sec. 7. Be it further enacted by the authority aforesaid, That the compensation of said Board shall be a salary of two hundred ($200.00) dollars per annum each, to be paid monthly out of the County Treasury, which shall be in full for all services whatsoever and all expenses incurred in discharge of their duties, except the chairman of said Board shall have the supervision and direction of the working of the convicts on the roads and public works of said county, and may, in the discretion of the Board of Commissioners, be invested with the authority to inspect all proposed new roads and changes and all bridges erected by the county, and make report thereon to the full Board, and for such extra services shall be paid such compensation as may seem reasonable, to be approved by the other members of said Board. Four of said Board shall be a quorum, and three must concur to pass any order or let any contract, pledge the county credit, or grant or allow any claim or charge against the county. Compensation of members and Chairman. Sec. 8. Be it further enacted by the authority aforesaid, That said Board shall have the right to appoint a clerk to be paid monthly out of the County Treasury a salary not exceeding thirty dollars per month, who shall give a good and solvent bond in the sum of $500.00, payable to said Board and to be approved by them, conditioned for the faithful performance of his duties as such clerk, and to remove said clerk at their pleasure by a majority vote, and it shall be the duty of said clerk to attend all meetings of said Board, and to keep a full record of all its proceedings, and to keep on file and to preserve all papers relating

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to its business; to keep in a special book a statement of all taxes levied and for what purposes, and, also, an inventory of all county property, including all road machinery, live stock, chaingang outfit, and road-working tools; to keep in a record separate from other financial affairs of the county an accurate and itemized account of all expenditures applied to the working of the convicts and for all supplies and pay of guards furnished in behalf of the chaingang; he shall also keep a separate book in which shall be kept an account with overseers of the county for commutation tax collected and for tools furnished them; he shall also keep an itemized statement of all accounts ordered paid by the Board of Commissioners, and shall show what fund is liable for the payment of said account; he shall also keep a book to be known as his record of county vouchers in which shall be kept a complete record of all warrants, or vouchers, drawn on the Treasury of said county, which record shall show by proper entries the fund from which same is payable, the person to whom payable, the date of record, and the amount of said voucher or warrant; it shall be his duty to sign all warrants and vouchers, but he shall in no instance issue any warrant or voucher until same shall have been approved by the Board of Commissioners as provided in this Act, and he shall register each voucher on his record of vouchers, as above set out, and shall certify on the face of each and every voucher the date and fact of its record, and the Treasurer of Franklin county shall not pay any warrant, voucher, or charge against said county of Franklin unless the same has been registered and certified in compliance with this Section, except such as bear date prior to January 1st, 1912. All records provided for in this Section shall be kept at the Commissioner's office in the court-house in said county, and shall be open for public inspection. He shall also make up and publish quarterly

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in the official organ of this county a condensed statement showing amounts collected and expended on behalf of the county, and shall preserve a copy of such report as a part of his records. Clerk, appointment, etc. Sec. 9. Be it further enacted by the authority aforesaid, That said Board shall not hire, employ, or contract with any member of said Board or with anyone related to any member of said Board nearer than the third degree by marriage or consanguinity for work to be done or supplies to be furnished to said county in amounts exceeding $25.00, except such work to be done or supplies to be furnished shall be let at public outery or by sealed bids to the best bidder. Graft, prohibited. Sec. 10. Be it further enacted by the authority aforesaid, That said Commissioners shall, before each term of the Superior Court, have prepared and submitted to the grand jury of said county a complete statement in writing of the condition of the county property, finances, buildings, public roads and bridges, and an itemized statement of the amounts collected and disbursed in behalf of the county, and shall also turn over to said body on the first day of each term all the books and records in connection with their office. Reports of Commissioners. Sec. 11. Be it further enacted by the authority aforesaid, That said Board shall hold regular meetings at the county court-house of said county on the first Wednesday in each month, and may adjourn from day to day and may hold called sessions whenever in their opinion public necessity requires it. Meetings of Board. Sec. 12. Be it further enacted by the authority aforesaid, That the members of said Board shall be exempt from road and jury duty during their term of office. Exemptions.

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Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. GWINNETT COUNTY, BROAD OF COMMISSIONERS ABOLISHED. No. 119. An Act to repeal an Act entitled An Act to create a Board of Commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, approved August 26th, 1872, and the Act amendatory thereto August 7, 1907, and all other amendatory Acts thereof, and providing for the ratification or rejection of the provisions of this Act by a majority of the qualified voters of the county of Gwinnett, voting at an election to be held in and for said county, to determine said question, to provide for the holding and management of said election and declaring the result thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the above recited Act and all amendatory Acts thereof, creating the Board of Commissioners in and for the county of Gwinnett, providing for the election of such Commissioners, providing for the management of county affairs, providing for their term of office and the compensation thereof, and for other purposes, be, and the same is, hereby repealed, and the offices created by said Act are hereby abolished. Gwinnett county, Board of Commissioners abolished.

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Sec. 2. The provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Gwinnett county, as herein provided. At the general election to be held on the first Wednesday in October, 1912, the qualified voters of Gwinnett county who favor the abolishing the offices of Commissioners for said county of Gwinnett shall have written or printed on their ballots, for which purpose separate ballots shall be provided, the following words: For abolishing the Board of County Commissioners, and those who oppose abolishing said Board and said offices shall have written or printed on their ballots the following words: Against abolishing the Board of County Commissioners. Should a majority of the qualified voters of said county voting at said election upon said question vote For abolishing the Board of County Commissioners, then, and in that event, this Act shall become of full force and effect on or after the first day of January, 1913, and not otherwise. The managers and superintendents of said general election are hereby constituted the managers and superintendents of the election herein provided for, and are hereby required to keep two separate tally sheets and list of voters for said election. The vote shall be consolidated as the vote in said general election, and the returns thereof made to the Ordinary of Gwinnett county, and said Ordinary shall declare the result of said election. Election to abolish Board Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911.

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GWINNETT COUNTY, ROAD COMMISSIONER. No. 243. An Act to create the office of Commissioner of Roads for Gwinnett county; provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the office of Commissioner of Roads for the county of Gwinnett is hereby created, and that, immediately upon the abolishment of the present Board of County Commissioners by a vote of the people, as provided by law in the general election in October, 1912, the Governor shall appoint some one to fill said office of Commissioner of Roads. The officer so appointed shall, upon qualification as hereinafter prescribed, enter immediately upon the discharge of his duties, and shall hold office until the next general election, or until his successor is elected and qualified. The successor to said Commissioner of Roads shall be chosen at the regular election to be held for State and county officers on the first Wednesday in October, 1914, and biennially thereafter in the same manner as other county officers are elected, and the Commissioner so elected at said regular election shall, upon qualification, enter upon the discharge of his duties on the 1st of January ensuing, and shall hold office a term of two years, and until his successor is elected and qualified. Should a vacancy occur in said office the same shall be filled at a special election called for that purpose, and held in the same manner, and to be governed by the same rules, regulations and qualifications as to voters as apply to elections for State and county officers. In the interim, the Ordinary of said county shall perform all the duties of said office. Gwinnett county. Commissioner of Roads, office created. Office, how filled.

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Sec. 2. Be it further enacted, That said Commissioner of Roads shall be commissioned by the Governor of the State for the term of office for which he is elected, and, before entering upon the discharge of the duties of said office, shall subscribe to the oath now required by law of county officers, and shall give a solvent bond, to be approved by the Ordinary of said county, payable to the Governor of Georgia and his successors in office, in the sum of two thousand dollars, conditioned for the faithful discharge of his duties as such officer. Term of office, oath and bond. Sec. 3. Be it further enacted, That said Commissioner of Roads shall have exclusive jurisdiction over the public roads and bridges of said county, the location, building and improvement thereof, and, when changes are, in his judgment, necessary, or would be advantageous, may, at his discretion, employ a competent engineer, at the expense of said county, to assist him in the prosecution of such particular work. He shall also have exclusive jurisdiction in the employment of a warden, guards, and such other laborers on said roads and bridges, and in the purchasing of such materials, stock, tools, wagons, carts, and machinery as, in his judgment, may be proper and necessary to the efficient and economical repair and construction of the same. Jurisdiction. Sec. 4. Be it further enacted, That said Commissioner of Roads shall furnish the Board of County Commissioners of said county properly verified bills for all purchases made by him, in the discharge of his official duties which, when found correct as to amount, shall be approved by said Board of County Commissioners, and ordered paid by the County Treasurer of said county. Bills, how paid. Sec. 5. Be it further enacted, That said Commissioner of Roads shall make a report to the grand jury of said

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county, at each Spring term of the Superior Court thereof, which shall contain a detailed statement of the money expended by him, for what paid, the number of convicts and other laborers employed by him, the number of guards, the number of horses and mules, and a list of all tools, wagons, and all machinery and appliances used on the public roads, belonging to said county and his estimate of the value of all said property and also the amount and character of the work done under his directions. Reports of Commissioner. Sec. 6. Be it further enacted, That said Commissioner of Roads shall devote his whole time to his official duties, and shall receive a salary of twelve hundred dollars per annum, to be paid out of the county funds of said county, in equal monthly installments. Duties of Commissioner. Sec. 7. Be it further enacted, That immediately after the passage of this Act and the qualification of said Commissioner of Roads, the Board of County Commissioners of said county shall deliver to him possession of all convicts then under their control and management, and all property and equipment belonging to said county, for use on the public roads thereof, and for which he shall make proper receipt to said Board of Commissioners. Control of convicts and property. Sec. 8. Be it further enacted, That the Board of County Commissioners of said county shall annually levy such a tax for road purposes as, in the judgment of said Commissioner of Roads, may be necessary to raise sufficient money for the proper, judicious and economical prosecution of the work under him, the same to be paid out in the manner hereinbefore provided. Road tax. Sec. 9. Be it further enacted, That the provisions of this Act shall become operative and effective only upon the

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abolishment of the present Board of County Commissioners of said county of Gwinnett by a vote of the people of said county as provided by law in the general election of October, 1912. The result of said election shall be certified by the Ordinary of said county of Gwinnett to the Governor, and the Governor shall immediately appoint a Commissioner of Roads for said county of Gwinnett to carry out the provisions of this Act. This Act becomes effective, when. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. GWINNETT COUNTY, BOARD OF COMMISSIONERS CREATED. No. 209. An Act to create a Board of Commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in the county of Gwinnett, in this State, a Board of County Commissioners, to consist of three persons, to be elected by the voters of the county, no two of whom shall reside in the same militia district at the same time, and in the same manner, and for the same period that Ordinaries are now elected, and shall be commissioned by the Governor, and that all vacancies

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shall be filled by the remaining Commissioners, and such person or persons so chosen shall be the Commissioners for the unexpired term, or terms, of the outgoing Commissioners and shall hold their offices accordingly. The provisions of this Act shall not become effective until the expiration of the terms of the present Board of County Commissioners of said county of Gwinnett or their resignation thereof. Gwinnett county Board of Commissioners created. Sec. 2. Be it further enacted, That said Board shall have exclusive jurisdiction, when sitting for county purposes, over the following subjects, to-wit: (1) Governing and controlling all property of the county, as they may deem expedient, according to law; (2) In levying a general tax for general, and a special tax for particular county purposes, according to the provisions of the Code and laws of Georgia; (3) In establishing and changing election precincts and militia districts; (4) In examining and allowing all claims against the county; (5) In examining and auditing the accounts of all officers having the care, management, keeping, collecting and disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement; (6) In making such rules and regulations for the support of the poor of the county as are authorized by law, or as are not inconsistent therewith; (7) In regulating peddling, and fixing cost of license therefor, and such other powers as were by law vested in the Inferior Court, except as to roads and bridges, when sitting for county purposes, prior to the adoption of the present State Constitution, and shall have no jurisdiction save and except such as pertain to county matters. Jurisdiction. Sec. 3. Be it further enacted, That the provisions of this Act shall become operative and effective only upon the

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abolishment of the present Board of County Commissioners of said county of Gwinnett by a vote of the people of said county, as provided by law, in the general election of October, 1912. This Act effective, when. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. HALL COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 25. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the county of Hall; to define their powers and duties, and for other purposes, approved December 23rd, 1886, so as to repeal an Act to amend an Act to create a Board of Commissioners of Roads and Revenue in the county of Hall, and for other purposes, approved August 6, 1909, as shown in printed Act of 1909, pages 398, 399, 400, 401, 402, 403 and 405, so as to decrease the number constituting said Board of Commissioners, to fix their compensation, define their duties and powers, and to create the office of County Supervisor. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly entitled An Act to amend `An Act to create a Board of Commissioners

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of Roads and Revenues in the county of Hall; to define their powers and duties, and for other purposes,' approved December 23rd, 1886, so as to repeal An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the county of Hall, and for other purposes, approved July 30, 1903, pages 338 and 339, and so as to amend and change said original Act as approved December 23rd, 1886, so as to increase the number constituting said Board of Commissioners of Roads and Revenues in said county, paying said Commissioners a salary, and changing the mode of their election, and dividing said Hall county into road districts, as shown in printed Acts of 1909, pages 398 to 405, be, and the same is, hereby repealed. Hall County. Board of Commissioners. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of the printed Acts of 1886, page 265, entitled An Act to create a Board of Commissioners of Roads and Revenues in the county of Hall; to define their powers and duties, and for other purposes, be, and the same is, hereby amended as follows: 1. By striking out all of the first Section of the said Act after the enacting clause and substituting the following: That at the regular session of Hall Superior Court in January, 1912, next after the passage of this Act, the grand jury, during the first week of said Court, shall elect by a two-thirds vote, one citizen of said county, who, with the two Commissioners remaining in office, shall, upon taking the oath hereinafter prescribed, constitute the Board of Commismissioners of Roads and Revenues for said county, one of which three Commissioners shall be designated by said grand jury as County Supervisor for Hall county for the year 1912. Election of Commissioners.

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Sec. 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 2 of said printed Act of 1886, page 265, creating the Board of Commissioners of Roads and Revenues of Hall county, be, and the same is, hereby amended as follows: 1. By striking out all of said Section 2 after the enacting clause, and substituting the following: That the term of office of the members of the Board of Commissioners of Roads and Revenues of Hall county shall be two years. One member shall be elected during the first week in the regular session of Hall Superior Court after the third Monday in January, 1912, and every two years thereafter, by the grand jury, and the successors of the two members of the said Board of Roads and Revenues remaining in office after January 1, 1912, shall be elected by the grand jury, during the first week of the regular session of Hall Superior Court in January, 1913, and every two years thereafter by the grand jury, it being the intention of this Act that the term of office of one of said Commissioners shall expire at one time, and the two the next, their term of office commencing immediately after their election by said grand jury, and upon their taking the oath of office. All vacancies which shall occur by reason of the expiration of the term of office shall be filled by the grand jury, and all vacancies which shall occur in any other way than by the expiration of the regular term, shall be filled by appointment by the Ordinary of Hall county to fill the unexpired term. Terms of office. Sec. 4. Be it further enacted by the authority aforesaid, That Section 7 of said original Act approved December 23rd, 1886, be, and the same is, hereby amended as follows: 1. By striking out all of the last paragraph of said Section 7, which refers to the Clerk of the Board of

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said Commissioners and his compensation, and substituting the following: The said Board shall have the right to appoint a clerk to said Board, at such compensation as they may decide, not to exceed three hundred dollars ($300) per annum, and to remove said clerk at their pleasure, and it shall be the duty of said clerk to keep the full minutes of all the proceedings of said Board, to keep on file and preserve all papers relating to the business of the Board; and to keep in a special book a statement of all the taxes levied and for what purpose levied and a separate detailed statement of each order drawn on the fund for which any tax is levied so as to show the amount drawn on each fund, and shall prepare and submit to the grand jury of Hall county on the first day of each regular term of the Superior Court a balance sheet showing the amount to the credit of each fund and the amount drawn on each fund, and shall, in addition, keep such other books and perform such other duties as are or may be required by law or by order of said Board. Clerk of Board. Appointment, etc. Sec. 5. Be it further enacted by the authority aforesaid, That Section 8 of said original Act as approved December 23, 1886, be amended by striking out all of said Section 8 after the enacting clause, and substituting the following: That two of the members of said Board of County Commissioners, not including the County Supervisor, shall receive as compensation for their services the sum of three dollars ($3) per diem each, for not exceeding one hundred days in any year, payable monthly upon the order of said Board of Commissioners by the County Treasurer; and the said County Supervisor, as chosen by the grand jury from the said three members of the Board of County Commissioners, shell receive as compensation for his services the sum of one hundred ($100) dollars per

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month, payable monthly by the County Treasurer upon the order of said Board of County Commissioners. Compensation of Commissioners and Supervisor. Sec. 6. Be it further enacted by the authority aforesaid, That said Act as approved December 23, 1886, be, and the same is, hereby amended by adding the following Sections: (a) 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the County Supervisor as annually selected from the three members of the Board of County Commissioners shall give his entire time and attention to the duties of his office. Duties of Supervisor. (b) 12. Be it further enacted by the authority aforesaid, That the three Commissioners comprising the Board of Commissioners of Roads and Revenues of Hall county shall be discreet and upright citizens who are resident free-holders of said county. All the provisions of this Act to become operative on and after the third Monday in January, 1912. The chairman of said Board of County Commissioners, to preside at all meetings of the Board, his duties to be prescribed by said Board of Commissioners. Qualifications. (c) 13. Be it further enacted by the authority aforesaid, That the County Supervisor for Hall county, under this Act, shall be chosen and elected by the grand jury during the first week of the regular session of Hall Superior Court in January of each year, and the terms of office of the other two Commissioners shall be for a space of two years. The said Board of Commissioners shall publish monthly in the paper in which legal advertisements are published, an itemized statement of all moneys received and expended by said Board during the month past preceding

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such publication, the sources from which received and the purposes for which expended, the expense of each publication to be paid out of the County Treasury. Each member constituting the Board of Commissioners of Roads and Revenues of said county shall be required to give a solvent bond in the sum of one thousand dollars (1,000) payable to the Governor of said State or his successors in office, conditioned upon their faithful performance of their duties as Commissioners, each of said bonds so given to be approved by the Ordinary of Hall county. Election of Supervisor. Monthly reports of Commissioners, publication of. Sec. 7. It shall not be lawful for said Board to pay any salary or compensation to overseers of roads for any work or attention to roads for the time which, under the law, they would be required to work on the roads if not overseers, or to employ or pay any overseer or superintendent or guard for any time or work except when engaged under the direction of the Board in controlling or superintending work done by convicts or force of hired laborers disconnected with the regular work of road hands in the various districts. Compensation of overseers. Sec. 8. Be it further enacted, That it shall be the duty of the Board of Commissioners of Roads and Revenues of said county to provide for the payment, as soon as possible, of all the floating debt of said county for money borrowed or advanced to pay current expenses, said provision to be made by levy of taxes or from other receipts, and not by further borrowing, and it shall be unlawful, after the passage of this Act, for said Board to borrow any money or pledge the credit of the county, or receive or advance any money to pay current expenses by any device whatever, or to use for county purposes any money hereinafter so obtained, but it shall be the duty of said Board to provide by

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levy of taxes within the limits allowed by law for the necessary expenditures of the county from the time of said levy until provision can be made for collection of the necessary taxes in the year following, so as to avoid having to borrow money for current expenses. Provided , nothing in this Section shall prohibit the exercise of any right under the Constitution to incur a debt to meet casual deficiencies of the revenue. Taxation of payment of debts and current expenses. Sec. 9. Be it further enacted, That the County Commissioners shall assist the Supervisor in the management and direction of the chaingang; a majority of the whole Board to determine where, and for what length of time, and how, the said chaingang shall work; but the County Supervisor shall have entire charge of the roads, bridges, county home and farm and shall inspect each piece of work performed for the county on roads, bridges, and all other public work under his jurisdiction and see that said work is performed and carried out strictly according to contract, and in a proper and workman-like manner before paying for the same. Authority and duties of Supervisor. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911. HALL COUNTY, SALE OF NEAR BEER PROHIBITED. No. 61. An Act to make unlawful the sale of near beer, and imitations of beer, or malt, or any similar beverage or tonic

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within the limits of the county of Hall, and to fix the penalty therefor, and for other purposes. Section 1. Be it enacted by the general Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person, firm, or for any agent or employee of any corporation to sell, Near Beer, Malt Tonic, Malt Mead, Acme Brew, Bud, White Top, Augusta Brew, Red Rock Ale, Wurtzburger Malt Tonic, Malt, or any similar drink or beverage, of like kind, or any substitute for any imitation beer, or intoxicating liquors within the limits of the county of Hall. Provided , that neither the fact of the passage of this Act nor anything therein contained shall ever be held or construed to mean or imply that any alcoholic or malt liquor can now be lawfully sold in Georgia. Hall county. Sale of beverages prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and shall upon conviction, be punished as provided in Section 1039 of Georgia Code of 1895. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repeated. Approved August 9, 1911.

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HALL COUNTY, GAME LAW ENACTED. No. 68. An Act to prohibit the shooting, trapping, killing, ensnaring, netting or destroying, in any manner, any partridge, dove, or other game bird in the county of Hall for a period of three years, and to provide a penalty for the violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any one to shoot, trap, kill, ensnare, net or destroy in any manner any partridge, dove or other game bird within the limits of Hall county, for a period of three years from the passage of this Act. Hall county Protection of game birds. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as provided in Section 1039 of the Third Volume of the Code of 1895. Penalty. Sec. 3. Be it further enacted by the authority aforesaid that all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1911. HARALSON COUNTY, GAME LAW ENACTED. No. 41. An Act to prohibit the shooting, trapping, killing, ensnaring, netting or destroying in any manner, any partridge,

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dove or other game bird in the county of Haralson for a period of three years, and to provide a penalty for violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any one to shoot, trap, kill, ensnare, net or destroy in any manner any partridge, dove or other game bird within the limits of Haralson county for a period of three years, from the passage of this Act. Haralson county. Protection of game birds. Sec. 2. Be it further enacted by the authority aforesaid, that any person violating the provisions of this. Act shall be guilty of a misdemeanor and on conviction thereof, shall be punished as provided in Section 1065 of the Penal Code of 1910. Penalty. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. JENKINS COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 21. An Act to repeal An Act to establish a Board of Commissioners of Roads and Revenues for the county of Jenkins, to define their powers and for other purposes, approved August 10th, 1906.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act An Act to establish a Board of Commissioners of Roads and Revenues for the county of Jenkins; to define their powers and for other purposes, approved August 10th, 1906, shall be and the same is hereby repealed. Jenkins county. Board of Commissioners abolished. Sec. 2. Be it further enacted that the provisions of this bill shall not go into effect until the same has been ratified by the people of said county of Jenkins at an election to be called by the Ordinary of said county for that purpose. Election to abolish. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911. JENKINS COUNTY, BOARD OF COMMISSIONERS CREATED. No. 20. An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this

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Act, there shall be established a Board of Commissioners of Roads and Revenues for the county of Jenkins, to consist of the following named five persons, to-wit: J. P. Applewhite, H. W. Parker, B. L. Lane, H. L. Chichester and J. R. Turner, whose term of office shall expire upon the election and qualification of their successors, as is hereinafter provided. Jenkins county. Board of Commissioners created. Sec. 2. Be it further enacted, That said named Commissioners, after entering upon the discharge of their official duties as such Commissioners, be and they are hereby authorized and empowered to employ an expert accountant, to thoroughly examine and audit the financial condition of said county of Jenkins by carefully examining and auditing the books kept by the Commissioners of Roads and Revenues for Jenkins county from the time of its creation to the present time, at the time said Board herein established shall assume control of the fiscal affairs of said county, which said statement said Commissioners shall cause to be published in some newspaper having a general circulation in said county of Jenkins. Expert accountant to audit book of county. Sec. 3. Be it further enacted by the authority aforesaid, That an election shall be held on Wednesday, the 4th day of October, 1911, in the county of Jenkins, at all precincts, for the purpose of electing three Commissioners to serve as Commissioners of Roads and Revenues of Jenkins county, which election shall be held under the rules and regulations governing other elections in the county of Jenkins, and in the State of Georgia, at which election any person who was registered and qualified to vote at the last State and county election held in said county, and any other person who may legally register not later than September 16, 1911, shall be allowed to vote therein; that if said election

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shall for any reason, not be held on the first Wednesday in October, 1911, then said election shall be held on the following Wednesday, to-wit, October 11, 1911. That the three persons who receive the highest vote in said election shall be commissioned by the Governor of Georgia and shall hold office until the next regular election of county officers in Jenkins county, at which time their successors shall be elected as other county officers in the county of Jenkins are elected. Election of Commissioners. Sec. 4. Be it further enacted by the authority aforesaid, That said Commissioners shall be exempt from militia, road and jury duty, and shall each receive the sum of four dollars per diem for the days they serve, and no other compensation. Exemptions. Sec. 5. Be it further enacted by the authority aforesaid, That said Commissioners shall have power to employ a Clerk upon such compensation as they may see fit to pay him, said compensation not to exceed twenty dollars per month, whose duty it shall be to keep a record of all the proceedings of said Commissioners in a book for that purpose, and such other duties as the Commissioners may prescribe. Clerk of Board. Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioners when sitting for county purposes, shall have original and exclusive jurisdiction over the following subject matters, to-wit: First, in directing and controlling all the property of the county as they may deem expedient, according to law; second, in levying a general tax for general purposes and a special tax for special purposes, according to law; third, in establishing, altering or abolishing all roads, bridges and ferries in conformity to law; fourth, in establishing and changing election precincts

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and militia districts; fifth, in supplying by appointment all vacancies in county offices and ordering elections to fill them; sixth, in examining, settling and allowing all claims against the county; seventh, in examining and auditing the accounts of all officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to a settlement; eighth, in making such rules and regulations for the support of the poor of the county, for the promotion of health, as are granted by law, or are not inconsistent therewith; ninth, in regulating, peddling and fixing the cost of license therefor; tenth, to exercise such other powers as granted by law, or are indispensable to their jurisdiction and have original jurisdiction over all county matters which are granted by law to the Ordinaries of said counties. Jurisdiction. Sec. 7. Be it further enacted by the authority aforesaid, That said Commissioners shall hold one session on the first Tuesday in each and every month, at the county seat, and may sit at any other time they may deem necessary for county purposes. Sessions of Board. Sec. 8. Be it further enacted by the authority aforesaid, That said Commissioners shall be required to publish quarterly in the newspaper in which the Sheriff's advertisements for said county shall be published, and for the information of the tax payers, an itemized statement showing all moneys received for the county, from what source derived, and to whom and for what all disbursements are made. Publication of reports by Commissioners.

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Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911. LAURENS COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 127. An Act to reduce the number of County Commissioners of Laurens county from eight to three; to reduce the number of road districts from eight to three; to provide for the election of said Commissioners by the qualified voters of said districts; to define their powers and duties; to fix their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1912, the number of Commissioners of Laurens county shall be three (3) instead of eight (8) and the number of road districts shall be three (3) instead of eight (8), and so much of the Act amending the road laws of Laurens county contained in the Georgia Laws of 1909, on pages from 420 to 425, that is in conflict with this Act, is hereby repealed; but so much of the laws as are not in conflict with this Act are hereby approved. Laurens county. Board of Commissioners. The present term of the Board of Commissioners of Laurens county shall expire on the 31st day of December, 1911, and the parties hereinafter appointed by this Act shall

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become the Commissioners and constitute the Board of Commissioners of Roads and Revenue of Laurens county for the year 1912, or until their successors are elected and qualified, as hereinafter provided. Sec. 2. Be it further enacted, That at the next general election, which occurs on the first Wednesday in October, 1912, there shall be elected by the qualified voters of the respective road districts of the county of Laurens as created in this Act, one Commissioner from each district who are to constitute the Board of Commissioners of Roads and Revenue of Laurens county. They are to hold their office for two years or until their successors are elected and qualified. Their term of office to begin on the first day of January, 1913. Each suceeding two years their successors shall be elected as other county Commissioners, except they are to be elected by the voters of their respective districts, and each one to reside in his respective district. Any person shall be eligible to the office of county Commissioner who has been a resident of their respective districts for at least twelve months and is a qualified elector of said county. The duties devolving upon the present Board of Commissioners of Laurens county shall devolve upon this Board that is hereby created, except as may in this bill be hereinafter changed. Election of Commissioners and terms of office. Sec. 3. Be it further enacted, That Laurens county shall be divided into the following Road Districts, composed of the following militia districts of said county, to wit: No. 1, Dublin, Bailey, Burgoney, Harvard, Dudley, and Hampton Mills. No. 2, Ready Springs, Pinetuckey, Burch, Lowery and Cadwell. No. 3, Buckeye, Jackson, Smith, Corters and Oconee. The following named persons are hereby appointed and named as Commissioners and will

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constitute the Board of Commissioners of Roads and Revenue of the county of Laurens during the year 1912, and until their successors are elected and qualified, to-wit: First Road District, H. C. Burch; Second Road District, Ernest Clarke; Third Road District, J. J. Wynn. They shall exercise all the rights and powers and perform all the duties and be subject to all the obligations of the present Board of Commissioners, except as may be hereinafter changed in this Act. Road Districts. Commissioners named. Sec. 4. They shall receive as compensation for their services, the sum of six hundred ($600.00) dollars per annum each, and shall be required to give at least one-half their time and attention to the performance of their and the supervision of the road and bridge work being conducted in said county. Compensation. Sec. 5. Be it further enacted, That it shall be the duty of said Board of Commissioners to have what is known as one emergency gang, composed of as many laborers as is necessary and one superintendent, whose duty it shall be to look after repair work upon all roads and bridges of the county, which need repair on account of wear, storms, rains, or for any other reason may need repair, and which cannot be looked after by the regular gang. Emergency gang. Sec. 6. Be it further enacted, That said Board of Commissioners shall have authority in their discretion to employ a competent engineer at such salary as may be agreed upon by the said engineer and said Board, for the purpose of preparing profiles, establishing proper grades, straightening out roads and bridges and doing any other engineering work that may be desirable to the said Board of said county. Engineer.

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Sec. 7. Be it further enacted, That it shall be the duty of the said Board of Commissioners, as far as practicable, to distribute in proportion to the amount of taxes, both commutation and property tax collected from the respective militia districts for said county, proportionately. That all the roads and bridges of the county are to be kept in proper repair and in as good condition as the funds will allow without discrimination to any particular section, and in working of the chaingang, they shall be so employed, as far as practicable, equally upon the main thoroughfares of the entire county. Road Work, distribution of. Sec. 8. Be it further enacted, That whenever it is im practicable to have convicts or chaingang to work or labor on the roads of the county during any one year, it shall be the duty of the Commissioners and they are hereby required to have the public roads and bridges of these districts worked or repaired by free labor under superintendents or shall let out by contract to the lowest bidder after the publication of sufficient notice, by inserting said notice in at least two issues of the official county paper, before the letting of such contract, in which notice the time, place and sufficient description of the road and bridges and the work to be required to put bidders on notice of what would be expected of of them, and when necessary, require bidders to give bond for a faithful performance of their contract. Road work how done. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act, are hereby repealed. Approved August 17, 1911.

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LAURENS COUNTY, BOND COMMISSION CREATED. No. 197. An Act to create a Bond Commission to expend, control and use the proceeds of a Bond issue of three hundred thousand dollars ($300,000) for the county of Laurens, in the State of Georgia, for the purpose of improving, building, and construction of public roads and bridges of the said county; to authorize the employment of Superintendents, engineers and laborers to carry out the same, to do any and all other things necessary for the carrying out of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there is created in and for the county of Laurens, a Bond Commission to be composed of three members, to-wit: F. G. Corker, J. E. Smith, Jr., and James L. Keen, whose term of office shall be for four years and until their successors are appointed as hereinafter provided. Laurens county, Bond Commission. Sec. 2. Said Commission is authorized and empowered to take charge of and be responsible for all funds raised from the sale of the proposed issue of bonds for the purpose of building, surfacing and construction of roads and bridges of Laurens county, Georgia, and as soon as said bonds are sold and the funds turned over to them, it shall become their duty to immediately employ a competent and skilled engineer, who shall formulate plans and specifications in complete detail of the roads and bridges of Laurens county and furnish such estimates to the said Commissioners as they desire as to the cost of building and construction of said roads and bridges. Authority and duties of Bond Commission.

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Sec. 3. Be it further enacted, That after this information is in the hands of the Commissioners, it shall be their duty to proceed to let out the construction of said roads and bridges in such sections and in such amounts as they may deem wise. The same shall be let out to the lowest bidder; provided , it be a satisfactory and safe bid in the opinion of the Commission, they having, of course, the right to reject any and all bids, and if necessary are empowered to construct said roads and bridges if it be found to be cheaper by the employment of Superintendents and laborers. Contracts for road work. Sec. 4. Be it further enacted, That should same be let out by contract, it shall be the duty of the Commissioners to advertise the letting of said contract or contracts for at least 30 days in the papers published in Dublin, the Atlanta Journal and the Savannah Morning News, in which notices or advertisements they shall give a general idea of the work to be done and specify where the plans or specifications may be seen by parties desiring to bid. The parties desiring to bid shall file with the Commission sealed bids before the day of letting. Contracts, how let. Sec. 5. Be it further enacted, That said plans and specifications shall be full in every particular and detail so as to give sufficient information to all parties desiring to bid or contract for the building of said roads or bridges. Said specifications shall be completed and filed in the office of the said Commission for inspection as soon as said notices or advertisements are placed in the papers. Plans and specifications of work Sec. 6. Each member of said Commission shall give a bond in a guarantee company in the sum of ten thousand dollars ($10,000) each for the performance of his duties and the faithful accounting of any money that may come

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into his hands or control. Should any member appointed fail or refuse to qualify for any cause, or should a vacancy occur in said Commission by death, resignation or otherwise, it shall be the duty of the Board of Commissioners of Roads and Revenues of Laurens county to call a meeting of their Board within ten days and select some one to fill their place. Should any member of this Commission fail or refuse to perform his duties, it shall be the duty of the remaining members of said Commission to prefer charges, and in the event said charges are sustained, they shall report same to the Board of County Commissioners of Laurens county, and should they find the charges to be true, it shall then be their duty to remove said Commissioners and appoint someone in his place. Bonds of Commissioners. Sec. 7. Be it further enacted, That each member of said Commission shall receive as full compensation for his services $25.00 per month. Each member shall be required to devote at least two days of each week to the said work. Compensation of members. Sec. 8. Be it further enacted, That should it become necessary to perform any other act or employ any other laborers or superintendents than those above enumerated for the economic and proper carrying out of the purpose of this Act, said Bond Commission is hereby authorized to perform the same. Commission may employ laborers. Sec. 9. At the expiration of the term of office for which these Commissioners have been appointed, should the proceeds arising from the sale of said bonds have been fully expended in the construction of said roads and bridges, the office here created shall cease; but should they not have fully completed the purpose for which this Commission is created, the Board of Commissioners of Roads and Revenue

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of Laurens county shall have the power to appoint a new Board, whose duties and authority and obligations shall be the same as the Board herein created. Appointment of new Board. Sec. 10. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911 LIBERTY COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 169. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of Liberty County, approved December 13, 1871, and all laws amendatory thereof, so as to increase the salary of the Commissioners of Roads and Revenues of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1912, the compensation of the Board of Commissioners of Roads and Revenues of Liberty county shall be fifty dollars each per annum. Liberty county, Compensation of Commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August, 19, 1911.

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LIBERTY COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 180. An Act to amend the Board of Commissioners' laws as regards Liberty county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Board of Commissioners of Liberty county shall have no power or authority to build a new court house, or to rebuild the old one, or to let or make any contract for such building or rebuilding, without first having submitted the question to the qualified voters of Liberty county, at an election to be called for that purpose by the Board of Commissioners of said county, upon forty days notice thereof in the Gazette in which Sheriffs sales for said county are advertised. Such election shall be held under the rules governing elections for members of the General Assembly. The ballots shall be marked For a new court house or Against a new court house, or For rebuilding the old court house or Against rebuilding the old court house, as the case may be. If at said election a majority of the qualified voters voting at said election vote for a new court house, or for rebuilding the old court house, then the Board of Commissioners shall have power and authority to build or rebuild or to contract to build or rebuild, as the case may be, and shall have power and authority to levy taxes to provide funds for the same; but without said election, or if at said election a majority of the qualified voters voting at said election vote against a new court house or against rebuilding the old one, the Board of Commissioners shall

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have no power or authority to build or rebuild or to contract for the building or rebuilding of the court house, and any contract or any levy of taxes made thereunder shall be null and void and unenforceable. Liberty county. Election for Court House. Sec. 2. Be it further enacted, That the Board of Commissioners of Liberty county shall have no power or authority to do any public work (except with reference to roads and bridges) at a cost of exceeding five thousand dollars, unless the same be first recommended by two grand juries at succeeding terms of court. Work to be recommended by grand juries. Sec. 3. The Board of Commissioners of Liberty county shall consist of five members, no two of whom shall reside in the same militia district. The next grand jury which convenes at the September, 1911, term of the Superior Court of Liberty county shall elect two members of said Board of Commissioners who shall hold office until the terms of those Commissioners now in office shall expire, and their successors in office shall be elected at the next election provided by law for the election of members of the Board of Commissioners for the same time now provided by law for members of said Board of Commissioners. Number of Commissioners, election, etc. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911.

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MILTON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 193. An Act to create a Board of Commissioners of Roads and Revenues for Milton county; to define their powers and duties and prescribe their qualifications, to provide for the election of their successors, and for other purposes pertaining to county and county matters for the county of Milton. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a Board of Commissioners of Roads and Revenues for the county of Milton is hereby created. Said Commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are elected, which districts are to be defined later in this Act. Milton county. Board of Commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act said county of Milton shall be divided into three road districts to be constituted as follows: Town and Double Branch Militia Districts shall comprise and constitute Road District Number One; Little River, Crossville and Grogans Militia Districts shall comprise and constitute Road District Number Two; Newtown, Big Creek and First Militia Districts shall comprise and constitute Road District Number Three. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, That at any time said Commissioners shall create a new militia district, said Commissioners shall have the

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authority to attach said new militia district to one or more of said road districts named in this Act. New militia districts. Sec. 4. Be it further enacted by the authority aforesaid, That the terms of office for said Commissioners shall begin on the first day of January, 1913, in accordance with the provisions to be defined later in this Act. Be it further enacted by said authority, That the term of office for said Commissioners from districts numbers one and two shall expire on January first, 1915, and the term of office for said Commissioner from district number three shall expire on January first, 1917. The successors for said Commissioners for districts numbers one and two shall be elected by popular vote from the county at large, at the general election for 1914, and every four years thereafter; and the successor for said Commissioner for district number three shall be elected at the general election for 1916, and every four years thereafter. Terms of office of Commissioners. Sec. 5. Be it further enacted by the authority aforesaid, That in the election of said Commissioners one from each Road District is hereby prescribed. They shall be elected by the qualified voters of the entire county, and not by the qualified voters of one road district. Each road district to have a Commissioner. Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioners hereby named shall convene at the county court house in said county on the first Tuesday after this Act becomes a law, and after taking an oath before the Ordinary of said county to faithfully discharge their duties as such Commissioners, shall organize by electing one of their number chairman, whose duty it shall be to preside at all meetings and sign all warrants on the Treasurer and all orders of the Commissioners. Said chairman

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shall have the right at all meetings to vote on all questions before the Board of Commissioners, and shall also have the right to make motions and perform all duties imposed under this Act upon said Commissioners. Chairman of Board. Sec. 7. Be it further enacted by the authority aforesaid, That the members of said Board of Commissioners hereby created and their successors in office, shall receive as compensation for their services the sum of two dollars per day for each day of actual service, provided , that no Commissioner shall be paid for more than thirty days' service during one year. The expenses incurred by said Commissioners in the discharge of their duties may be paid by the county; however, provided , an itemized statement of same shall be submitted to the grand jury at the first term of court after such expenses are incurred, if said expense accounts shall be approved by said grand jury. Compensation of Commissioners. Sec. 8. Be it further enacted by the authority aforesaid, That said Commissioners shall elect a Clerk for said Board, whose duty it shall be to keep in a well bound book a complete record of the acts and doings of said Board. Said records to be open to the inspection of any citizen or citizens of said county at all times, provided the same does not interfere with the meetings of the Board. Said Clerk shall perform such other duties as said Board may require of him and shall hold office at the will of said Board, and shall receive such reasonable compensation as said Board may fix. Clerk of Board. Sec. 9. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of said county

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as they may deem expedient according to law; in levying taxes according to law; in establishing or abolishing roads and bridges according to law; in establishing, abolishing or changing election precincts or militia districts; in supervising Tax Collector's and Tax Receiver's books; in allowing the insolvent list of said county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to or appropriating for the use and benefit of said county, and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as granted by law, or not inconsistent with law; in examining the tax digests of said county for the correction of errors; in regulating or fixing license fees as may be provided by law; in establishing and maintaining the county chaingang; in working said chaingang on the public roads or public works of said county as provided by law; in electing or appointing all minor officers and employees of said county whose election is not otherwise provided by law, such as superintendent or warden and guards of convicts or chaingang, janitor of court house and jail, superintendent of pauper farm, county physician and health officer, and district road overseers; in making such rules and regulations as they may deem best for the interests of the county, governing all minor officers and employees appointed by them, and fixing such reasonable compensation for them as said Board may deem best for the interest of the county; in providing for the collection of a commutation road tax, fixing the amount to be paid or the number of days work on the roads of said county in lieu thereof; in fixing the time when said commutation tax shall be paid or the work performed, in trying all road defaulters in accordance with law; and generally to have and to exercise all the powers heretofore vested in the Ordinary of said

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county when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Jurisdiction of Commissioners. Sec. 10. Be it further enacted by the authority aforesaid, That said Commissioners shall hold regular meetings at the county court house of said county on the first Tuesday in each month, and may adjourn from day to day, and may hold called sessions whenever in their opinion public necessity requires it. A majority of said Board may constitute a quorum for transaction of business, provided that one or more Commissioners may be empowered by a majority of said Board, duly entered on its minutes, to hold court at any time or place in said county to try road defaulters in accordance with law. Meetings of Commissioners. Sec. 11. Be it further enacted by the authority aforesaid, That said Board shall not hire or employ or contract with any member of said Board, or with anyone related to any member of said Board, for work to be done or supplies to be furnished said county, except such work to be done or supplies to be furnished, shall be let at public outcry to the best bidder. No Commissioner shall be interested in any county contract. Sec. 12. Be it further enacted by the authority aforesaid, That said Commissioners shall, before each term of the Superior Court, prepare and submit to the grand jury of said county a complete statement in writing of the county property, paupers, finances, buildings, public roads and bridges, and the exact amount of county funds on hand and the amount disbursed, giving names of each person in whose favor each warrant or order was drawn, and the amount thereof, and for this purpose said Board shall have the

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authority to require all persons handling county funds to make written statements to them. Reports of Board to grand juries. Sec. 13. Be it further enacted by the authority aforesaid, That the members of said Board shall be exempt from road and jury duty during their term of office. Exemptions. Sec. 14. Be it further enacted by the authority aforesaid, That in case of vacancy in said Board, by death, resignation or otherwise, the other members of said Board shall have the right to fill such vacancy until the next general election, when a successor to the person so appointed by said Commissioners shall be elected for the unempired term. Vacancies in Board. Sec. 15. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become operative in said county of Milton until ratified by a majority of the qualified voters of said county, and for this purpose the Ordinary of said county shall give notice of the provisions of this Act in the newspaper in which the Sheriff's sales are advertised in said county for three weeks previous to the time of holding the Democratic primary election for county officers of said county for 1912, at which election the qualified voters of said county shall vote on the provisions of this Act. Those in favor of this Act shall have written or printed on their ballots For Commissioners, and those opposed to the provisions of this Act shall have written or printed on their ballots Against Commissioners, and if a majority of the qualified voters of said county shall vote For Commissioners, then the provisions of this Act shall become operative and of full force. If a majority of the qualified voters of said county shall vote Against Commissioners, then the provisions of this Act shall be void.

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If this Act is ratified as herein provided, one Commissioner from each road district shall be elected at the general election for 1912 in accordance with the terms of this Act herein provided. Election to ratify and make operative this Act. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. MONTGOMERY COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 174. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Montgomery, and to define the powers and duties of the same, approved February 22, 1873, so as to provide for compensation for the members of said Board, and for other purposes, said last mentioned Act being amended in the Acts of 1897, approved December 20, 1897, and said Acts being amended in the Acts of 1906, page 444, and approved August 20, 1906, and to amend all parts of the said Acts in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of said Act be, and the same is, hereby amended by striking out of said Section the word Ordinary in lines seven and eleven of said Section and inserting

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in lieu thereof the words State and County officials so that said Section when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be a Board of Commissioners established in the county of Montgomery, to consist of five persons. The first Board to be elected by the grand jury of the first term of the Superior Court of said county, after the passage of this Act, and the persons elected for members of the General Assembly of Georgia and for State and county officials in and for said county. The first election shall be held in the year 1912 and at the same time and under the same rules and regulations as elections for State and county officials in and for said county. Each Commissioner shall be elected for a term of two years and shall hold his office until his successor is elected and qualified. The tickets for said election shall be marked For Commissioner of Roads and Revenues in District Nos. 1, 2, 3, 4 and 5 respectively, the names of each candidate being marked only on the tickets for the district in which he is a candidate and only the voters in each respective district shall be entitled to vote for Commissioner in and for that district. Each Commissioner shall have absolute charge of the roads in his respective district and of the county convicts when working in his respective district their proportionate time, the same being apportioned to each district by the county Commissioners in and for said county. The county mules, the road machines, the wagons, the convicts and the road hands shall each be apportioned to each district, and while they are working the respective districts the Commissioners in and for that district shall have absolute control over them. Each Commissioner shall collect the road tax of every kind and nature in their respective road district and

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the money so collected shall be used upon the roads in said district and for the betterment and building up of all highways in said district under the discretion and direction of the Commissioner in and for said respective district. It is hereby made the duty of the Commissioners of Roads and Revenues to make public each month the expenditures of the preceding month in the public gazette in said county, and the publisher shall be paid the usual legal fees for the same. The statement of the expenditures shall be in a condensed form so as to make the expense as small as possible. The books of the said Commissioners shall always be open for public inspection to any citizen of the county seeking information concerning the expenditures of the finances of the county. Montgomery county. Board of Commissioners. Sec. 2. Be it further enacted, That this Act and amendment does not take away any of the former powers of the said Commissioners of Roads and Revenues, but only amplifies, increases and makes plainer this duty. Sec. 3. Be it further enacted by the authority aforesaid, That the county superintendent of the chaingang, commonly termed the convict whipping boss in and for the county of Montgomery, be, and he is hereby required to give his entire time and attention to the working and proper management of the convicts of the county of Montgomery, and to the building up of the roads and bridges of the said county. It shall be his duty to remain with the convicts, see that they are properly cared for and properly managed and worked. Superintendent of chaingang. Sec. 4. Be it further enacted by the authority aforesaid, That Section 1 of the Acts of 1906, page 444, be and the same is hereby amended by striking from the next to

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the last line of said Section the word fifty and inserting in lieu thereof the words two hundred and forty, and by striking out of said Section in lines three and four from the bottom of said Section the words but may be members of the General Assembly, so that said Section when so amended will read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, That said Commissioners shall not be entitled to hold any other county office during their term of service as such Commissioner. They shall be exempt from militia, road and jury duty, and each member of said Board shall receive two hundred and forty dollars per annum. Compensation of Commissioners. Sec. 5. Be it further enacted by the authority aforesaid, That this Act shall not effect the present term of service of the Board of Commissioners for roads and revenues in and for the county of Montgomery as regards the time for which they were elected, but the said Commissioners will immediately begin work, manage the county affairs and be controlled by the terms of the same as soon as this Act becomes a law, and they shall receive the emoluments named herein and perform the duties named herein to and for the best interests of the county and the county's affairs. Rights, duties and liabilities of Commissioners. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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NEWTON COUNTY, ROAD BONDS, ETC. No. 195. An Act to authorize the county of Newton to issue bonds in the aggregate sum of fifty thousand dollars ($50,000) for the purpose of building public roads and improving public roads, for building bridges, sewers, drains and for other purposes, to assess, levy and collect taxes on all the property in said county, for the purpose of paying interest upon such bonds, to provide for the sinking fund, and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the county of Newton in said State be, and it is hereby authorized and empowered to issue bonds to aggregate in amount $50,000 for the following purposes, to-wit: For the purpose of building and improving public roads, bridges, sewers, and drains, and for the purpose of improving the public roads, bridges, sewers and drains already established in said county, and for other public road purposes only. Newton county. Road bonds. Sec.. 2. Be it further enacted, That before any bonds of said county shall be issued for any of the foregoing purposes, the Board of Commissioners of Roads and Revenues of said county shall by appropriate order entered upon its minutes, direct and order that such bonds shall be issued, and shall specify the purpose and amount of such series or issue of bonds, the rate of interest they are to bear, how much principal and interest to be paid annually, when to be fully paid off, and place of payment, and other terms, provisions and details thereof, (all of which matters said

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Board shall have the right to fix and determine according to their best discretion), and shall also in said order call and provide for the holding of an election on the subject and for published notice thereof, as provided by the Constitution and laws of the State. Such an election or elections may be called at any time or times or from time to time, for issuing bonds for any one, or more, or all of the above stated purposes, as deemed expedient by said Board; provided, always , that the limit of the total bonded indebtedness of said county as fixed by the Constitution of the State shall never be exceeded. Elections for bonds. Sec. 3. Be it further enacted, That should two-thirds of the qualified voters of said county vote in favor of issuing bonds at any election called by said Board as hereinbefore provided, then and in such event said Board of Commissioners shall, at and before the time of issuing the bonds authorized by said election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all the property of said county subject to taxation sufficient in amount to pay the principal and interest of such bonds, and shall also provide a sinking fund and for the proper handling and disposition of same so as to pay off the principal of such bonds at their maturity, should such sinking fund be necessary in view of the time of the maturity of the bonds so issued. Tax to pay bonds. Sec. 4. Be it further enacted, That when all the provisions of this Act and of the laws and Constitution of the State upon the subject of the issuance of bonds shall have been complied with, any and all of the bonds and issues and series of bonds issued under the provisions of this Act shall become obligatory and binding upon said county and its tax payers, with all the qualities of commercial paper. Binding obligations.

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Sec. 5. Be it further enacted, That said Board of Commissioners of Roads and Revenues of said county of Newton are hereby authorized to negotiate and sell any of the bonds or series of bonds issued under the provisions of this Act, and to use the proceeds of such bonds when sold for the purpose of constructing the public works or accomplishing the public purpose for which they are issued respectively, and it shall be unlawful for such proceeds to be used for any other purpose. Sale of bonds and use of proceeds. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. OGLETHORPE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 26. An Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the county of Oglethorpe, approved August 15, 1904, by creating an Advisory Board of two members, to provide the method of their election, to prescribe their duties and powers, fix their compensation and term of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Advisory Board of two members shall be created in and for Oglethorpe county, said State,

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to act and advise with the Commissioner of Roads and Revenues of said county, who shall be elected under the same rules and regulations as prescribed for regular State elections, the expenses of said election to be paid out of the county treasury, on 5th day of December, 1911, who shall be commissioned by the Governor of said State and whose first term of office shall begin on the 1st day of January, 1912, and on the 1st day of January, 1913, and who shall be elected thereafter for a term of two years in the same manner and at the same time as other county officers are elected for the term of two years. Persons eligible to hold other county offices shall be eligible to hold said offices, and all vacancies shall be filled in the same manner as prescribed in the Act of which this Act is amendatory. Oglethorpe county. Board of Advisers for Commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of said advisory Board to meet with the Commissioner of Roads and Revenues of Oglethorpe county on the first Tuesday in each month at the court house in Lexington, Georgia, and they shall have the right to have call meetings at such times and places as they may see fit, not to exceed one meeting in each month unless the question of issuing bonds for the improvement of the public roads of the county is submitted to the people of said county of Oglethorpe, in which event said Advisory Board, together with said Commissioner shall meet as often as may be necessary for said purpose and for the proper disbursement of funds that may arise therefrom. Meetings of Advisers and Commissioners. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of said Advisory Board to act and advise with said Commissioner of Roads and Revenues of Oglethorpe county, who shall have the right to vote and pass on all questions pertaining to county matters,

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fixing the tax rate of the county, the commutation tax and the collection and disbursements of all the revenues of said county of Oglethorpe. Rate of taxation. Sec. 4. Be it further enacted by the authority aforesaid, That the Commissioner of Roads and Revenues of said county, together with said Advisory Board shall be authorized to employ a Clerk to keep their minutes and books and to pay said Clerk such salary as they may fix not to exceed two hundred dollars per annum to be paid out of the county Treasury, or they shall have the right to elect one of their own members Clerk, who shall be eligible to fill said clerkship at such a salary as may be agreed upon by them, not to exceed $200.00. The compensation of the members of said Advisory Board shall be $3.00 per day each for number of days they serve, to be paid out of the county Treasury. Clerk of Board. Sec. 5. Be it further enacted by the authority aforesaid, That said Commissioner and Advisory Board shall keep a register, in which shall be recorded by districts, the names of all persons subject to commutation tax, which register shall be revised annually. Commutation tax. Sec. 6. Be it further enacted by the authority aforesaid, That it is the intention of this Act in no way to affect or repeal any part of the Act of which it is amendatory except those parts which may be in conflict herewith. Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911.

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PAULDING COUNTY, GAME LAW ENACTED. No. 53. An Act to prohibit the shooting, trapping, killing, ensnaring, netting or destroying in any manner, any partridge, dove or any other game bird in the county of Paulding for a period of two years, and to provide a penalty for a violation thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person to shoot, kill, trap, net, ensnare or destroy in any manner any partridge, dove, or other game bird within the limits of the county of Paulding, for a period of two years from and after the passage of this Act. Paulding county. Protection of game birds. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in Section 1065 of the second Volume of the Code of 1910. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911.

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PULASKI COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 18. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Pulaski, and to define their duties, and for other purposes, and an Act amendatory thereof approved July 30, 1903, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Pulaski, and to define their duties, and for other purposes, approved December 23, 1896, be repealed. Pulaski county. Board of Commissioners abolished. Sec. 2. Be it further enacted, That an Act entitled An Act to amend an Act creating a Board of Commissioners in the county of Pulaski, approved December 23, 1896, and for other purposes, approved July 30, 1903, be repealed. Sec. 3. Be it further enacted, That a special election shall be held on the third Tuesday in October, 1911, at which the adoption of this Act shall be submitted to the voters of said county. If at said election a majority of the votes cast shall be For One Commissioner, the provisions of this Act shall become operative; and if at said election a majority of the votes shall be For Present Board Commissioners, the provisions of this Act shall not be operative. Election to abolish Board. Sec. 4. All laws and parts of laws in conflict with this Act shall, upon the adoption of this Act, be repealed. Approved July 28, 1911.

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PULASKI COUNTY, BOARD OF COMMISSIONERS CREATED. No. 80. An Act to create the office of Commissioner of Roads and Revenues for the county of Pulaski, to provide for his election, to define his duties and compensation, to provide for his clerical and transportation expenses, and for supervisors to aid said Commissioner, to define their duties, and to provide for their election; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That there shall be a Commissioner of Roads and Revenues for the county of Pulaski who shall have such control of the roads, revenues, public property, and of the county affairs generally, as are now conferred by law upon the present Board of five Commissioners of Roads and Revenues for the said county of Pulaski, except as hereinafter qualified. Pulaski county. Office of Commissioner of Roads and Revenues created. Sec. 2. Said Commissioner shall be chosen at a special election ordered and provided for by the county authority having charge of such elections to be held on the first Saturday in February, 1912, and his term of office shall begin on the first day of March, 1912, and continue till the first day of January, 1915. Election of Commissioner. Sec. 3. The succeedings terms of the said Commissioner shall be for four years, such Commissioner to be chosen at the general election for State officers immediately preceding the commencement of his term of office. Term of office.

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Sec. 4. Said Commissioner, before entering upon the duties of his office, shall give bond with good security, approved by the county Ordinary in the sum of ten thousand dollars, payable to the Ordinary of the county, and conditioned upon the faithful discharge of the duties of his office. Bond of Commissioner. Sec. 5. Said Commissioner shall, before entering upon the duties of his office, make oath before the Ordinary of the county, to faithfully administer all affairs coming under his jurisdiction for the best interests of the county, and to carry out the provisions of this Act. Oath of Commissioner. Sec. 6. Said Commissioner shall receive as compensation for his services the annual salary of two thousand dollars from the Treasury of said county, payable monthly; and shall also be allowed the sum of five hundred dollars per annum payable monthly, for clerical assistance, and for traveling expenses in supervising the roads and bridges and public property of the county. Salary of Commissioner. Sec. 7. Said Commissioner shall select one regular day of each week, during the working hours of which he shall remain in his office at the court house, and the balance of his working time, unless necessarily required for the transaction of public business in his office, shall be spent in direct personal supervision of the laying out of road work, inspection of roads and bridges and other public property, and especially the measure and delivery of supplies, and the general direction of the management of the convict camp in the most economical manner. Office [Illegible Text] etc., of Commissioner. Sec. 8. Said Commissioner shall keep in constant touch with the office of the Director of Public Roads of the U.S. Department of Agriculture, shall secure, keep in his office,

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and familiarize himself with the free bulletins bearing upon the making of durable sand-clay roads, and shall thro' the aid of his Congressman, and otherwise, use the services of its freely-offered expert road engineers, whenever possible to obtain. He shall furthermore utilize its free examination of sand-clay road materials showing proper proportion of mixture from different localities of the county; and it shall be the duty of the Commissioner at all times and from any source to entertain and discuss suggestions as to the betterment of any particular section of the road, whether offered by those locally interested or otherwise. Road improvements. Sec. 9. It shall be the duty of the Commissioner to supply from the ad valorem tax for raods, such road machinery, mule power, and other equipments as shall be necessary to work each and every public road of the county with free hired labor, for at least such time as shall be equivalent in work days of such free labor to the entire commutation road tax paid on that particular road or section of road, at the statutory commutation per diem. Equipment for road work. And the commutation road tax shall become due at the beginning of such period of road work; shall be collected upon the order of the Commissioner, and by him applied to work on that particular section of road, and to no other purpose whatsoever. Commutation road tax. And the monthly report of the Commissioner shall show such proper application of the commutation road tax to that particular section of road where the parties paying it were assigned to work. Such commutation road tax shall not, however, be applied to the construction of bridges and culverts, which shall be constructed and repaired out of the ad valorem tax for roads. Application of commutation tax.

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This division of the road force shall be known as the Repair Force. Sec. 10. The county's convict force shall be employed in the work of permanent road building, and shall give to each of the 14 militia districts of Pulaski county, twenty-five calendar days of each year. Convict force, how employed. Sec. 11. The Commissioner shall give heed to the people of a militia district, consulting them if necessary in mass-meeting to ascertain which particular road mileage will be of the greatest primary benefit to the greatest number, and shall begin construction there, and the same policy shall be pursued by him in all further permanent road extension. Public benefit. Sec. 12. The Commissioner shall find out and apply the most efficient means of keeping in a state of continuous repair, all such permanently constructed road mileage, whether by the use of the split-log drag or by other means. Maintenance of roads. And a part of the commutation may thereafter be used for such purpose, if it shall prove more effective than the yearly road repair work as hereinbefore specified. Sec. 13. The Commissioner shall keep a book of vouchers and duplicates, both to be signed by the party or parties of whom supplies may be bought, and by such party or parties itemized in every important particular, stating number of articles or pounds, etc., the rate price, quality, the purpose for which to be used and the total amount received. Vouchers for supplies. Sec. 14. The Commissioner shall keep all vouchers in the bindings always accessible to public inspection, and for the use of the grand jury, and shall tear out and paste the duplicates of these vouchers with an account of all other

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transactions of his office itemized in every important particular, for the calendar month, upon a large card board to be hung in a conspicuous place in the corridor of the court house within 10 days after the end of the month, there to remain for a period of 60 days. Monthly statement. Sec. 15. He shall undersign each monthly statement so posted, under oath before the Ordinary as follows: I,....., Commissioner of Roads and Revenues for the county of Pulaski, do solemnly swear that the above is a full and true statement of all the monetary transactions of this Commission for the month of....., and that I have not received any rebate, drawback; nor have I personally profited, or known of any illegal personal profit by any one whomsoever through any transaction of this office. Signed...... Verification of monthly statement. Sec. 16. It shall be a misdemeanor for the Commissioner, his clerical assistant, any one serving under him, or any one employed upon the road force of Pulaski county to have any financial interest in the sale or purchase of any article to or from the county, or to keep and feed at the camp any horses, cows, hogs or other domestic animals other than those used exclusively in the service of the county, as, for instance, the Commissioner's horse when in camp. Interest by Commissioner or any employee in any supplies bought, prohibited. Any such person so offending shall, upon conviction, be punished as prescribed. Sec. 17. The Commissioner shall upon taking office, employ an expert and capable accountant to be paid from the Treasury of the county, to make a full and complete investigation of the finances of the county, to audit the books,

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vouchers in the office of the present Board of County Commissioners, to the end that the revenues and financial obligations of the county may be fully known at the beginning of his term of office. And said report shall be placed on file in the office of the Commissioner, accessible at all times to public inspection. Audit of books, etc., of present Board. Sec. 18. In case of a vacancy in the office of Commissioner, the Ordinary shall execute the duties of said office until the vacancy is filled as hereinafter provided. Vacancy. Sec. 19. If the Commissioner shall fail to perform faithfully the duties of his office under this Act, he may be recalled and his successor elected in the following manner: Upon the presentation of a petition of one-fifth of all the duly qualified voters of the county as shown by the last registration list, and certified to have been fairly obtained by the free will of the signatories thereto, such petition stating their grievances and asking the recall of the Commissioner, the Ordinary shall order an election for the office in not less than 50 days, nor more than 60 days thereafter. Recall of Commissioners. If the Commissioner shall obtain a plurality of the votes cast at such election, he shall be sustained and continue in office. If not, the candidate receiving such plurality shall be declared elected to that office, and shall immediately qualify and enter upon the discharge of its duties. Sec. 20. There shall be a Board of Supervisors for the county of Pulaski, who shall advise with and aid the Commissioner of Roads and Revenues in the discharge of his duties. Board of Supervisors.

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One member of this Board shall be elected from and by the voters of each militia district of the county. Election. Sec. 21. Said Board of Supervisors shall be chosen at the special election hereinbefore provided for to be held on the first Saturday in February, 1912, and their term of office shall commence on the first day of March 1912, and shall continue until the first day of January, 1915. Sec: 22. The succeeding terms of said Supervisors shall be for two years, and they shall be chosen at the general election for state officers, immediately preceding the commencement of their term of office. Term of office. Sec. 23. Any Supervisor may be superseded at any time by the presentation of a petition of a majority of all the qualified voters of his militia district naming his successor, it being duly certified under oath by at least three voters of said district that all the signatories thereto did sign of their own free will. Recall of a Supervisor. Sec. 24. If a vacancy occurs in the office of Supervisor, the Justice of the Peace, or if there be none, the Notary Public and ex-officio Justice of the Peace of the militia district wherein the vacancy occurs, shall order an election to fill the vacancy, within not less than ten days nor more than fifteen days, notices of such election to be posted is at least three public places for at least five days. Vacancies. Sec. 25. The Supervisors shall meet with the Commissioner in his office on the first Tuesday in each month, shall advise with him, and shall subject him to inquiry upon any and upon every matter connected with the affairs within his jurisdiction, to the end that the people in every district may

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keep in complete touch with the public business through their Supervisors. Conference monthly between Commissioner and Supervisors. Any Supervisor may administer the oath to the Commissioner, and he shall be required under oath to give complete and truthful answer to any and every question concerning the conduct of his office. Examination of Commissioner. Sec. 26. The Supervisor shall report their findings in a monthly statement signed and affixed to the monthly statement of the Commissioner. Reports of Supervisors. Sec. 27. No Supervisor shall receive any compensation for his services, except his necessary expenses in attending the regular monthly meetings of said Supervisors, not to exceed two dollars per day. Expenses of Supervisors. Sec. 28. A special election shall be held in the county of Pulaski on the third Tuesday in October, 1911, at which the ratification of this Act shall be submitted to the voters of said county. Election to ratify this Act. If at said election a majority of the votes cast shall be For One Commissioner, the provisions of this Act shall become operative. If at said election a majority of the votes cast shall be For Present Board of Commissioners, the provisions of this Act shall not become operative. Sec. 29. All laws and parts of laws in conflict with this Act shall upon its ratification stand repealed. Approved August 12, 1911.

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QUITMAN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 7. An Act to amend an Act approved February 22nd, 1873, providing for Commissioners of Roads and Revenues of Quitman county, so as to make the term of two members for two years and two members for four years, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved February 22nd, 1873, providing for the election of Commissioners of Roads and Revenues for Quitman county be, and the same is, hereby amended by inserting between the words every in the sixth line, Section 1, and year in the seventh line of Section one of said Act the word two, so that said Section, when so amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established a Board of Commissioners of Roads and Revenues for the county of Quitman consisting of four members, to be selected by the grand jury at the first term of the Superior Court of said county in the year 1873 and at the first term of said Court every two years thereafter. Quitman county. Terms of office of Commissioners. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911.

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RICHMOND COUNTY, COMPENSATION OF TREASURER. No. 183. An Act to amend an Act approved December 18, 1897, entitled An Act to define the duties and fix the compensation of the Treasurer of Richmond county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the above recited Act be, and the same is, hereby amended by striking therefrom the words: first of January, 1898, in the second line of the second Section of said Act, and inserting in lieu thereof, the words passage of this Act, and by striking the words two thousand, in the third line of said second Section of said Act, and inserting in lieu thereof the words twenty-five hundred, so that said Section, as amended, shall read as follows: Section 2. Be it further enacted, That from and after the passage of this Act, the compensation of the Treasurer of Richmond county shall be twenty-five hundred dollars per annum, payable monthly from the county Treasury, upon warrants issued by the Commissioners of Roads and Revenues of said county. Richmond county. Salary of County Treasurer. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911.

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SCREVEN COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 254. An Act to increase the Board of Commissioners of Screven county from three to eleven, or one from each militia district in the county, providing for their compensation, define their powers, their duties and obligations; to authorize the employment by them and payment of a Clerk, and require him to give bond; providing that such Commissioner shall be elected by the voters of his respective district, and that the commutation and property taxes, for road purposes, shall be expended on the roads and bridges of the militia district from which it is collected, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That after the first day of January, 1912, the Board of Commissioners of the county of Screven shall apportion to each militia district within the county of Screven, the commutation taxes paid by the persons in each militia district, and the property taxes collected in each militia district for road purposes, and have same expended on the public roads and bridges of each militia district respectively, and to continue so to do each and every year hereafter. When the chaingang is worked in any militia district, the expense of running same shall be borne out of the funds of said district, the salaries paid superintendent, wardens and overseers or any other expenses incident to running and carrying on said road working business, as well as the compensation paid the Commissioners and their Clerk hereinafter provided, shall be borne proportionately

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by the several districts of the county in proportion to the taxes paid. Screven county. Apportionment of road taxes. Sec. 2. Whenever it is impossible or impracticable to have the convicts, or chaingang work in each militia district part of the time during any one year, it shall be the duty of the Commissioners, and they are hereby required, to either have the public roads and bridges of these districts worked, either by employment of free labor and worked under overseers for the repairing or building of said roads, or let out by contract to the lowest bidder, after the publication of sufficient notice, by inserting said notice in at least two issues of the county paper, before the letting of said contract, in which notice the time, place and sufficient description of the road and work required, given to put bidders on notice of what would be required of them, and when necessary requiring bidders to give bond for a faithful performance of their contract. Road work, how done. Sec. 3. Be it further enacted, That at the next general election, which occurs the first Wednesday in October, 1912, there shall be elected one Commissioner from each militia district within the county of Screven, which Commissioner must be a resident of the district from which he is elected, and must have been for at least twelve months prior to his election, by persons who are qualified electors for members of the General Assembly, and who are residents of the respective districts, are entitled to vote for said Commissioners, the party receiving the largest number of votes cast, in their respective districts for County Commissioner, shall be declared elected as one of the Commissioners for the county of Screven, and the eleven elected shall constitute the Board of Commissioners for the county of Screven, and shall qualify and serve as the present Commissioners

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now serve, for the term of two years, their term of office beginning the first day of January, 1913, and expiring the first day of January, 1915, or until their successors are elected and qualified. The duty devolving upon the present Board of Commissioners of Screven county, shall devolve upon this Board of Commissioners, except as may in this bill be hereinafter altered or changed. They shall perform all the duties, give the same bond, be subject to the same obligations, to have the same discretion in the work of the roads of the county, except as limited and specified in this bill. Election of Commissioners. Sec. 4. For their services they shall receive, as compensation, two ($2.00) dollars per day each, but cannot charge the county for more than twenty-four (24) days each during any one year. It shall be the duty of each Commissioner to particularly look after and see that his district gets the funds to which it is entitled, and to see that these funds are properly and judiciously expended upon the roads and bridges of his district. The Board of Commissioners shall have the power to elect a Clerk, whose duty shall be specifically defined by said Board with such compensation, to be paid out of the county Treasury of the county of Screven, as may be recommended by the grand jury of said county; and should a failure on the part of the grand jury occur, then in that case said Commissioners shall determine the amount of compensation and assess the same in the levy of county taxes for that year; but until same shall be ascertained and fixed as aforesaid, it shall be three hundred ($300.00) dollars per annum. The general duty of the Clerk shall be to keep a set of books showing all receipts for road purposes, from whatever source received, from whom, and from what militia district, as well as disbursements showing for what paid, when, and to whom, and in

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what district expended. To collect all commutation taxes from each militia district respectively, to give each party a receipt for taxes paid, and to keep a stub, or copy of the receipt given, showing from whom and from what district, so that it will be easy to ascertain from what district the funds originated, and into what district they were expended. Compensation and duties of Commissioners. Clerk of Board. Sec. 5. The commutation taxes, which shall not exceed three ($3.00) dollars per year, shall be divided into two payments, the first shall be made on or before the first day of March in each and every year and the second payment shall be made on or before the first day of September in each and every year, and any one failing or refusing to pay said taxes, without a good and sufficient excuse, shall be required to pay twice the amount of said taxes, together with the costs of the enforcement of the collection, and, on refusal to pay the same, shall be sentenced to work ten (10) days on the public roads of his district. Commutation road tax. Sec. 6. It shall be the duty of each Commissioner to furnish an accurate list of everybody, who is subject to road duty, within his district on or before the first day of March and the first day of September, in each and every year, in which he is Commissioner, to the Clerk of the Board, and in the event said Commissioner wilfully fails, or neglects, to report these parties that are subject to road duty, they shall become individually liable for the taxes due by said parties. Road hands. Sec. 7. Upon the election of a Clerk by the Commissioners, it shall be their duty to require the Clerk to give bond payable to the Board of Commissioners of Screven county in the sum of $5,000 for the faithful accounting by

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him of all funds that may come into his hands in the collection of the commutation taxes and upon any deficit at any time, it shall be the duty of the Board of Commissioners to enter suit for the recovery of the same and he shall be liable upon his bond to the extent of the above amount, the sufficiency of the bond to be judged of by the Board of Commissioners and approved by them. Bond of Clerk. Sec. 8. All laws and parts of laws in conflict with the above, are hereby repealed. Approved August 21, 1911. SCHLEY COUNTY, BOARD OF EDUCATION CREATED. No. 98. An Act to establish a permanent Board of Education for the county of Schley, and to incorporate the same; to define the duties and powers of said Board, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established in and for the county of Schley a permanent Board of Education, to be styled the Board of Education of Schley County which shall be charged with the direction and control of the education of white and colored children of said county between the ages of six and eighteen years, and which shall be entirely distinct from and independent of the Georgia State Board of Education,

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provided , that the Board of Education of Schley county shall furnish to the State School Commissioner all statistics and information relative to the schools and children of said county which may be required of them by said Commissioner. Schley county. Board of Education. Sec. 2. Be it further enacted by the authority aforesaid, That the following named citizens of Schley county, to-wit: R. M. Rainy, J. S. Womack, W. C. Kelly, C. B. Johnson, and L. W. Dixon, together with the Judge of the City Court of Ellaville shall constitute said Board, and under the name and style aforesaid, shall be and they are hereby created, a body politic and corporate with perpetual succession of members for the purpose aforesaid, and as such, shall have full power and authority to establish, and from time to time modify a system of education for white and colored children between the ages of six and eighteen in the county of Schley and to carry out and superintend the same; to select, appoint and remove a Superintendent, teachers, and all other employees under said system; to provide school houses; to make by-laws of their own government, and rules and regulations for the government of the superintendent, teachers and schools under their control; to establish schools in their discretion, and provided , that said schools shall be so established as to extend impartially, the benefits of the same to white and colored children and to the different sections of the county of Schley, due regard being had to differences in population; to purchase, take, receive, hold and enjoy for the purpose aforesaid moneys and real and personal estates, by bargain and sale, gift, grant, contract, devise or bequest; to sue and be sued by the name and style aforesaid; to have and use a common seal, and generally shall be clothed with all the rights, powers, and privileges incident to corporations

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and necessary or convenient for carrying out the purposes of their creation. Members of Board named and incorporated. Powers and duties. Sec. 3. Be it further enacted by the authority aforesaid, That said Board shall have the power to assess such tax upon the taxable property of said county of Schley as they may deem necessary to support the system of schools which they may establish; provided , the said rate shall not exceed five mills. School tax. Sec. 4. Be it further enacted by the authority aforesaid, That said Board shall fix the rate of tax to be levied for the support of said schools by the first Monday in June of each year and when entered upon the minutes of said Board, and a certified copy of said rate shall have been furnished by the Secretary of said Board to the County Commissioners of Schley county, and to the Comptroller General of said State, then said County Commissioners of Schley county and said Comptroller General of said State shall levy such rate of tax as has been fixed by said Board upon all the taxable property subject to taxation, in said county, such taxes to be collected like other taxes of said county. Rate of taxation. Sec. 5. Be it further enacted by the authority aforesaid, That said Board shall have power to elect a Treasurer, and require of such officer such bond as they may deem necessary and that the Treasurer of said Board shall be entitled to, and receive from the Tax Collector of Schley county the tax assessed, levied and collected in said county, to support the system of schools, which said Board may establish as well as all money belonging to said Board, which may be paid by the State School Commissioner or by the Treasurer of the State of Georgia, or which may become

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the property of said Board from any source whatever, and to control and disburse the same under the direction of said Board. Treasurer. Sec. 6. Be it further enacted by the authority aforesaid that the said Board shall establish distinct and separate schools for white and colored children and shall in no event place children of different color in the same school. Separate schools for white and colored pupils. Sec. 7. Be it further enacted by the authority aforesaid that thirty days after the passage of this Act, or at any convenient time thereafter, the Ordinary of said county shall call an election for the purpose of voting on said Act, and if at such election two-thirds of the qualified voters of said county, voting in said election shall vote the establishment of a permanent Board of Education for the county of Schley, as provided in this Act, then the Act shall be a law. The qualification of said voters to be the same as the qualifications provided for the election of members of the General Assembly and other State House officers. Election to ratify this Act. Sec. 8. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1911. SPALDING COUNTY, SCHOOL DISTRICTS CONSOLIDATED, ETC. No. 11. An Act to consolidate the various school districts of Spalding County as now laid off by law, to make the entire

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County (exclusive of the City of Griffin) the unit of taxation, to provide for the levying of the tax rate, the collection and disbursement of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the various school districts of Spalding county as now laid off by law under the provisions of the local tax Act shall be and are hereby consolidated, and the entire county (exclusive of the City of Griffin) be made the unit of taxation for school purposes. Spalding county. School districts. Sec. 2. The school districts referred to in Section 1, of this Act are the school districts embraced in the following militia districts to-wit: Africa, Aiken, Cobin, Lime Creek, Mt. Zion, Orrs, and Union. Sec. 3. It shall be the duty of the County Board of Education to fix a uniform rate of taxation for the entire county (exclusive of Griffin,) not exceeding one-half of one per cent. per annum on all property, real and personal, and all other property enumerated under the local tax Act within the limits of the county. Uniform rate of taxation. Sec. 4. When said rate is so fixed it shall be the duty of the County Commissioners to levy said rate in connection with the others levied for county purposes. Tax levy. Sec. 5. The monies arising under this Act shall be collected as now provided by law under the local tax Act, and when so collected shall, with the funds received from the State for school purposes constitute a general fund to

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be expended under the direction of the County Board of Education in support of the schools of the County. Tax, how collected. Sec. 6. The County Board of Education together with the County School Commissioner of the county shall have entire supervision of the schools of the county, and their duties shall remain as now fixed by law. They shall pay the teachers employed in their county their salaries monthly. County School Commissioner. Sec. 7. There shall be a Board of Trustees for each school in the county, consisting of three in the rural districts and five in districts containing incorporated towns, who shall be elected by the patrons of the schools, whose terms of office and duties shall be fixed by the County Board of Education. School Trustees. Sec. 8. Within sixty days, or as soon thereafter as practicable, after this Act is passed and approved it shall be submitted to the qualified voters of the county (exclusive of the City of Griffin) and if a two-thirds majority of the voters voting in said election vote in favor of its adoption then it shall be of full force and effect, otherwise it shall be null and void. Election to ratify this Act. The County Board of Education shall cause notice to be given of the time and place of said election, the same to be held as now provided by law, The result of said election shall be certified to by the election managers and returns thereof be made to the Ordinary, who shall publish and declare the result and keep a record of the same. Notice of election. Sec. 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved July 28, 1911.

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TERRELL COUNTY, SALE OF NEAR BEER PROHIBITED. No. 104. An Act to make unlawful the sale of near beer and similar beverages within the limits of the County of Terrell, to fix the penalties therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful to sell, offer to sell, keep on hand at place of business, give away to induce trade or to barter or keep or furnish at any public place any near beer or any other beverage, drink or liquor in imitation of or intended as a substitute for beer, ale, wine, whiskey or other alcoholic, spirituous or malt liquors; provided, however , that neither the fact of the passage of this Act nor anything herein contained shall ever be taken or construed to mean or imply that the sale of any malt, spirituous or alcoholic drinks is now lawful in Terrell county, Georgia, or as consenting to the sale of any such drink in said county. Terrell county. Near beer, etc. Sec. 2. Be it further enacted, That a violation of this act shall be a misdemeanor and shall be finished in the manner prescribed in Section (1065) one thousand and sixtyfive of the Criminal Code of Georgia, Volume two, adopted 1910. Penalty. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved August 19, 1911.

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THOMAS COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 124. An Act to Amend the Act of December 21, 1898 and all Acts amendatory thereof, providing for a Board of Commissioners of Roads and Revenues for the County of Thomas, so as to provide for the election of Commissioners from Commissioners Districts established therein, define their qualifications, terms of office, compensation, increase in number and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same, That the Act of December 21, 1898, providing for a Board of Commissioners of Roads and Revenues for the county of Thomas, said State, be and the same is hereby amended by striking out all of Section one of said Act, and inserting instead thereof the following: Thomas county. There shall be a Board of Commissioners of Roads and Revenues for the county of Thomas to consist of seven members and to be known as the County Commissioners of Thomas county. The terms of office of said Commissioners shall be four years except as herein otherwise provided. Any duly qualified voter of said county, as hereinafter provided, shall be eligible to election, and they shall be elected, commissioned and qualified, and their successors at the expiration of their terms as other county officers. All vacancies shall be filled by a majority vote of all the remaining Comsioners and such person or persons shall be commissioned by the Governor of the State to hold office until the first of January next, succeeding a general election for county officers

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at which general election a member or members shall be elected for the unexpired term or terms, if any. For the purposes of this Act said county of Thomas shall be divided into five districts to be known as Commissioners Districts, and to be designated as follows: County Commissioners, election of. The Thomasville District G. M. as Number one; the Boston Metcalfe District G. M. as Number two; the Meigs and Ochlocknee Districts G. M., as Number three; the Pavo, Ways and Barwick Districts G. M., as Number four; the Murphy, Merrillville and Ellabelle Districts G. M., as Number five. Said Board of Commissioners shall be elected from said districts as follows: From Numbers one and two, two Commissioners from each and from the remaining Commissioners Districts one tCommissioner each. Residence within the territory hereinbefore designated as Commissioners Districts shall be a necessary qualification to election to such office, it being the purpose of this Act to distribute representations upon said Board territorially in said county. The Commissioners now in office in said county shall continue to hold office in accordance with commissions now held by them, except as hereinafter prescribed; immediately after the passage of this Act, said Board of Commissioners shall proceed to elect one of the Commissioners from the Boston and Metcalfe Districts Number two and one Commissioner from the Meigs and Ochlochnee District Number three, as in cases of vacancies provided for in this Act, who shall hold office until January, 1913. Their successors with any other Commissioner whose term of office shall expire at that time, shall be elected for a term of four years, at the general election for county officers next preceding said date. Commissioners districts. District Commissioners, election of.

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Sec. 2. Be it further enacted by the authority aforesaid, That the compensation of said Commissioners shall be the same as now provided by law except that of the Chairman, which shall be fixed by said Board annually at the first regular meeting in January and shall not exceed the sum of twenty-five dollars per month. Compensation of Commissioners. Sec. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act are hereby repealed. Approved August 17, 1911. TOOMBS COUNTY, ROAD LAW AMENDED. No. 141. An Act to amend An Act to provide for the working of public roads, and the building and repairing of bridges in the county of Toombs; to authorize the Ordinary, County Commissioners, or whoever may have charge of the county affairs of said county, to appoint a road superintendent of public roads and bridges, and overseers, and to fix their qualifications, compensation, and define their powers and duties; to provide who shall be subject to road duty and Commutation tax in lieu of work; and to provide for the punishment of defaulters and delinquent officers; to provide for levying a road tax for road purposes, to authorize the proper authorities to purchase, hire or rent all machinery, implements, stock, tools and other things necessary for the working of said public roads and bridges, and repairing the same, and for other purposes, approved August 19th, 1907, so as

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to provide for the exercise of powers now exercised by the Ordinary of said county by a Board of Commissioners of Roads and Revenues, payment of salaries to certain officers herein specified, deposit of monies in bank and statements to be made by the Board of Commissioners of Roads and Revenues, Ordinary or others in authority, and for other purposes, this Act approved August 14th, 1909, this Act to amend said Act of 1909, which was approved August 14th, 1909, by amending Section 5 of said Act of 1909, beginning on Page 462 and ending on page 464, by striking out of said Section 5 in said Act on line 7 on page 463 the word 25 and inserting in lieu thereof the word 50 so that Section when amended will read as follows: Section 5. Be it further enacted by the authority aforesaid, That the above recited Act, known as the Public Road Law of Toombs County, approved August 17th, 1907, be amended by striking all of Section 5 of said Act and inserting in lieu thereof the following: That the Board of Commissioners of Roads and Revenues, or whoever may have charge of the county affairs, shall fix and levy a tax, additional to any now authorized by law, which shall be denominated a road tax, which shall not exceed fifty cents of the $100.00 on all the taxable property of the county of Toombs, which fund so raised, with the commutation tax heretofore provided for, shall be known as the Public Road and Bridge Fund of the county of Toombs, and shall be used and expended for the purpose of paying salaries, wages, and other necessary expenses thereto attached, as hereinafter provided, and for working, building, improving and repairing the public roads and bridges, and hiring, purchasing and renting all necessary machinery, implements, tools and stock necessary for the building,

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working and repairing the public roads and bridges. Said public road fund shall be paid to the Board of Commissioners of Roads and Revenues, or other authorities in charge of the county affairs, by the Tax Collector, and any person that may be designated by the Board of Commissioners of Roads and Revenues, Ordinary, or other authorities to collect commutation tax, and they shall take their receipt for same. They shall furnish said Board of Commissioners of Roads and Revenues, or other authorities at the time of paying in said funds, a statement showing the amount collected from each militia district in the county of Toombs, and it shall be the duty of said Board of County Commissioners of Roads and Revenues, or others in authority of the county matters, to keep a book showing the amounts received, from what sources received, and from what district and they shall also keep a book of accounts of all money paid out by them, and to whom paid, and in what district was expended and for what purpose. It shall be the duty of said Board of Commissioners of Roads and Revenues, or whoever may have charge of the county affairs, to have published in the paper publishing the legal advertisements of the county, semi-annual statements of receipts and disbursements up to the first day of January and July of each year, said statements of receipts and disbursements shall be full and complete, showing from what sources and for what expended, from what district received and in what district expended and the balance on hand to the credit of each district; said statement shall be sworn to by the Chairman of the Board of County Commissioners, or county authorities in charge of county affairs, before an officer authorized to administer oaths, which statement shall be by the Chairman of the Board of Commissioners or other parties in charge of the county affairs placed in the hands of the foreman of the grand jury of the Superior Court of

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Toombs county at the convening of each session in August and February of each year, and it shall be the duty of the grand jury of the county of Toombs to examine the condition of the roads and bridges of the county, and to investigate the correctness of the statement submitted by the Board of Commissioners of Roads and Revenues, Ordinary or other authorities, and the books kept by them, and the receipts taken by the different officials having charge of said county affairs, and shall make a report of their findings. Toombs county. Road tax. Authority and duties of Commissioners. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. Note by Compiler.The caption of this Act as here printed is a true copy of the enrolled Act signed by the Governor. TURNER COUNTY, KILLING OF CERTAIN ANIMALS REGULATED. No. 125. An Act to regulate the killing of cattle, hogs, sheep, goats in the county of Turner, and to require people who butcher said animals, to register all marks and brands of all such that are killed or offered for sale in said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be unlawul to kill and butcher in the county of Turner any cattle, hogs, sheep, goats or other domestic

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animals that are commonly used for food on any unenclosed land in the county of Turner or in any wild lands in said County, or to kill or butcher any of the aforesaid animals in any place or plot of land, not enclosed. Turner county. Slaughtering animals, regulated. Sec. 2. Be it further enacted, that all persons butchering or killing any of the animal or animals set out and described in Section one of this Act shall register with the Ordinary of said county any and all marks or brands or marks and brands upon such animal so killed, and offered for sale in said county and in case there is no mark upon such animal so killed, then the sex, approximate age, and general color shall be registered with the Ordinary of said county, for which registration said Ordinary shall receive a fee of ten cents. Sec. 3. Be it further enacted that any and all violations of the provisions of this Act shall be punished as for a misdemeanor. Penalty. Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 17, 1911. WALKER COUNTY, ACT CREATING CHICKAMAUGA SCHOOL DISTRICT AMENDED. No. 8. An Act to amend an Act approved August 10th, 1905, entitled An Act to incorporate the Chickamauga School

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District in Walker county, Georgia, and define the boundaries of the same, to establish a Board of Education therein, to provide for the election of the same, and to confer on said Board certain powers; to regulate the management and control of the school in said district, and provide revenue for the same, and for other purposes so as to increase the rate of taxation in said school district, to change the manner of receiving its distributive share of the county school funds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act that Section nine (9) of said Act be amended by inserting the words, one-half of one per cent instead of one-fourth of one per cent. and said Act so amended shall read: Walker county. Chickamauga School district. Section Nine (9) Be it further enacted by the authority aforesaid, That the said Board of Trustees shall have full power and authority to levy and collect a tax on all real and personal property within the limits of the said Chickamauga School District, for school purposes, to defray the expense of the management of the schools in said district, to pay all or any part of the expenses of carrying on the schools of said district, but the rate of taxation shall never exceed one-half of one per cent. School tax. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 12 and Section 13 be combined and amended so as to read:

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Section 12 and 13. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the State School Commissioner shall pay to the Treasurer of the said school district when due the gross prorata per capita sum to which said schools are entitled estimated by the number of school children within said school district. The said Trustees shall as soon as practicable after this Act goes into effect provide for the enumeration of school children within said area and enumerate the same each year thereafter and report the same to the State School Commissioner under oath of the enumerator that the same is true and correct. Prorata part of State school fund. Sec. 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and same are hereby repealed. Approved July 28, 1911. WARREN COUNTY, ROAD TAX, WHEN COLLECTED. No. 5. An Act to change the date of collecting the commutation road taxes by the Commissioners of Roads and Revenues of Warren county. Section 1. Be it enacted by the General Assembly of the State of Georgia, that on and after the passage of this Act, the Commissioners of Roads and Revenues, of Warren county, shall collect the commutation tax for roads and revenues at the same date that the State and county taxes are collected, and not, as heretofore in the spring of the year. Warren county. Collection of commutation tax.

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Sec. 2. Be it further enacted that all laws or parts thereof in conflict with this Act are hereby repealed. Approved July 28, 1911. WHITE COUNTY, PUBLIC ROADS, HOW LAID OUT AND WORKED. No. 162. An Act to give the Commissioners of Roads and Revenues, or the Ordinary, or County Judge, as the case may be, of White county, Georgia, the power and authority to lay out, open, change or discontinue the public roads and to work and have worked the same; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty; for the appointment of a Superintendent and other necessary officers; to provide how said roads shall be worked; provide for the punishment of defaulters; to provide who shall collect the road tax and when this Act shall go into effect in White county Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that from and after the passage of this Act the Commissioners of Roads and Revenues, or the Ordinary, or the County Judge, as the case may be, or such other officer as now or may hereafter have charge of the county matters, in said county of White, have the sole right, power and authority to lay out, open, change or discontinue public roads therein, and the sole management of the working of said roads; and said authorities shall have the right and authority to appoint a Superintendent of public roads, when necessary,

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and also to appoint any and all overseers, guards and officers that may be required to successfully carry out the provisions of this Act, and to prescribe the duties of said Superintendent, guards and officers and to fix the terms of office of the same, and to prescribe the pay of said appointees, and to pay, them such salaries or wages as may be deemed proper. White county. Public roads, by whom laid out and worked. Sec. 2. Be it further enacted that each male citizen of said county between the ages of twenty-one and fifty years shall be subject to road duty (except those who are now exempt by law) and shall be, and are hereby required, when notified or summoned, to work on the public roads of said county for such length of time, in each year, as may be fixed by the authorities having control of said roads, or to pay such commutation tax as may be fixed by said authorities; provided , that no one shall be required to work for a longer time than six days in any one year, unless in the case of laying out and making new roads or in case of emergency, nor shall said commutation tax be fixed at a sum more than will be required to pay for a day's work on the public roads, in case the one summoned to work should desire to pay instead of working, this sum to be left in the discretion of the authorities. The funds thus obtained to be collected by the person notifying or summoning the one to work and to be paid at the time of notifying or summoning. Who are subject to road work or commutation tax. Sec. 3. Be it further enacted, That the Commissioners of Roads and Revenues, or the Ordinary or the County Judge, as the case may be, of said county of White, shall fix and levy a tax additional to any now authorized by law, of not more than two-tenths of one per cent on all taxable property of said county, and the funds raised by said taxation together with the commutation tax provided for in Sec.

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2 of this Act, shall be known as the public road fund of said county and shall be used and expended for the purpose of paying the salaries and wages heretofore provided for, and for working, improving and repairing the public roads as hereinafter set out. The property tax mentioned in this Section to be collected by the Tax Collector or such other officer as the authorities of said county may select and the commissions to be paid for the collecting of the same to be the same as are now paid to Tax Collectors for collecting county taxes and when collected to be turned over directly to the authorities having charge of the working of the public roads and this together with the commutation tax to constitute the public road fund and neither to go through the county treasurer; but to be used directly on the public roads of the county. Property tax. Sec. 4. Be it further enacted, That said authorities are hereby authorized and empowered to work, improve and repair and to have worked and repaired the public roads of said county as follows: First. They may work a chain-gang under the provisions of law as it exists in this State and work convicts on said public roads as provided by law, and those who do not pay the commutation tax, provided , that the convicts and those who do not pay the commutation tax shall be worked separately. Chaingang. Second. They may work free hired labor and those who do not pay the commutation tax. Hired labor. Third. They may have said roads worked, improved or repaired by contracting for the same in such manner as they may deem fit, with private parties, companies or corporations;

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provided , that if the work is done by contract, the contractors shall be required to employ the chain-gang, if established, and the labor of those who do not pay the commutation tax, and to pay for the same. Contract work. Fourth. They may combine any or all of said three above mentioned methods, or may use any other method or system that may be desired for accomplishing the work necessary to put and keep the public roads in said county in good condition. Other methods. Sec. 5. Be it further enacted, That said authorities may purchase any and all machinery, implements, tools, wagons and stock necessary and required for working said roads, and may build such houses or stockades and purchase anything or article necessary and useful in handling and working the chain-gang. Implements for work. Sec. 6. Be it further enacted, That said authorities shall expend said public road fund in any manner they may deem best for putting and keeping the public roads and bridges in said county, in thorough condition and repair, and when, where and how said roads shall be worked or bridges built or repaired is entirely in the discretion of said authorities. Discretionary powers. Sec. 7. Be it further enacted, That the citizens of any incorporated town or city in said White county shall not be required to work on the public roads in said county or to pay the commutation tax. Citizens of municipalities. Sec. 8. Be it further enacted, That any person who has failed or refused to pay the commutation tax, when demanded by the officer appointed by the authorities to make such demand, and who shall, without a good excuse, fail or

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refuse to appear at the time and place appointed to work, when summoned, or notified by the officer whose duty it is to give said summons or notice by the rules of the authorities having charge of the public roads or who shall fail or refuse to do faithful work, when he has appeared, shall be fined not less than one dollar nor more than five dollars for each day he fails to work, or be imprisoned in the common jail, at the discretion of the authorities, trying the case, or be sentenced to work in the chain-gang for no langer than thirty days. Penalties for refusing to pay commutation tax or to work. Sec. 9. Be it further enacted, That one or more of the Commissioners of Roads and Revenues, if the county should have a Board of Commissioners, and if the county matters should be in the hands of an Ordinary or County Judge are hereby empowered and authorized to try all defaulters, and said authorities shall hold Court or Courts for the trial of said defaulters, at any time or times, and at any place or places in said county that may be fixed by said authorities; provided , that ten days notice be given to said defaulter or defaulters, in writing, by some officer or road overseer designated by the authorities to serve such notice of the time or times and place or places of trial. Trial of defaulters. Sec. 10. Be it further enacted, That defaulters shall be summoned or notified for trial, or arrested by such officer or officers as the authorities may designate, or any lawful constable of said county and the fee for such service shall be fixed by the authorities, and if upon the trial it should appear to the authority or authorities trying the same that the defaulter was not legally warned or notified to work or to pay the commutation tax as provided in this Act the person whose duty it was to notify or summons said defaulter shall be liable for the costs of service on said

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alleged defaulter. One day's notice of the time and place of working by the person whose duty it is to notify or serve notice personally, shall be deemed legal notice. Notice to defaulters. Sec. 11. Be it further enacted, That militia district lines shall not necessarily fix the boundary or locality in which citizens subject to road duty under this Act shall work, but the authorities may call those who are subject to road duty out of one district to work in another or adjoining district; but in no event shall any one be required to go an unreasonable distance to work. This to be left in the discretion of the authorities. District lines to be disregarded. Sec. 12. Be it further enacted, That this Act shall go into effect on the first day of January, 1912, in the county of White, in the State of Georgia. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. WILKES COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 247. An Act to amend an Act entitled An Act to abolish the Board of County Commissioners of Roads and Revenues and public property for the county of Wilkes, created by an Act of the General Assembly, approved December 13, 1893, and to repeal said Act, to create the office of

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Commissioner of Roads and Revenues for Wilkes county, provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above entitled Act be amended by striking from Section 6 of said Act the words and figures nine hundred ($900.00) appearing in the third line of said Section after the word of and before the words dollars, and inserting in lieu thereof the words and figures twelve hundred ($1,200.00); by striking $300 in the sixth line of said Section after the word exceed and before the word per, and inserting in lieu thereof the words and figures six hundred ($600.00) dollars, by adding and said Clerk shall be a competent bookkeeper after the word annum in the sixth line of said Section, and before the word he in the sixth line of said Section so that said Section when amended shall read as follows: That said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of twelve hundred ($1,200) dollars per year for his services. He is authorized to employ a Clerk to keep his minutes and books, and to pay such Clerk such salary as he may fix, not to exceed six hundred ($600.00) dollars per annum, and said Clerk to be a competent bookkeeper. He is authorized to employ a superintendent of roads and bridges, who understands drainage and road building, and such overseers or other employees for the purpose of working and maintaining the roads and public property of the county as he shall deem necessary and for the best interest of the county, and shall have a

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right to fix the compensation of such agents and employees at such reasonable sum as he may think proper, except as otherwise prescribed by law. Wilkes county. Salaries of Commissioner and Clerk. Authority of Commissioner. Sec. 2. Be it further enacted, That said Commissioner shall be authorized and empowered to employ an engineer acquainted with the best methods of road building and the best road materials, whose duties shall be to advise and assist the Commissioner in the planning and construction of roads, and to make all surveys the said engineer of the said Commissioner may deem advisable, and to pay said engineer for such services such reasonable compensation not to exceed six hundred ($600.00) per annum, as in his judgment appears to be right. Engineer. Sec. 3. Be it further enacted, That the provisions of this Act shall not go into effect until January the first, nineteen hundred and thirteen (1913). Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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PART III.Corporations. TITLE 1.CORPORATIONS. TITLE 2.BANKING CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Aberdeen, Town of, Incorporated. Adel, Charter Amended. Alamo, Charter Amended. Albany, Disposition of Certain Streets. Aldora, Charter Amended. Alvaton, Town of, Incorporated. Americus, Charter Amended. Arlington, Charter Amended. Athens, Charter Amended. Atlanta, New Charter For. Augusta, Charter Amended. Ball Ground, New Charter For. Ball Ground, School District Incorporated. Baxley, New Charter For. Benevolence, Town of, Incorporated. Blackshear, City of, Incorporated. Blue Ridge, New Charter For. Bogart, Town of, Incorporated. Boston, Election of Clerk and Treasurer. Bostwick, Town of, Act Incorporating Repealed. Bostwick, City of, Incorporated. Bowersville, Town of, Public School System Established. Bremen, Charter Amended. Bronwood, Charter Amended. Brooklet, Charter Amended. Brunswick, Charter Amended. Brunswick, Charter Amended. Brunswick, Charter Amended. Buford, Public School System Established. Bullochville, Charter Amended. Byromville, Charter Amended. Cairo, Charter Amended. Canon, Public School System Established. Canon, City of, Incorporated. Candler, Charter Amended. Carlton, School Trustees Elected. Cartersville, New Charter For. Claxton, New Charter For. Cleveland, Town of, Incorporated. Climax, Charter Amended. Colquitt, Charter Amended. Comer, Charter Amended. Commerce, Act Incorporating Amended. Conyers, Charter Amended. Cordele, New Charter For. Covington, Charter Amended. Dallas, New Charter For. Dallas, Bonds for Waterworks. Dalton, Charter Amended. Dalton, Charter Amended. Decatur, Charter Amended. Denton, Town of, Incorporated. Douglas, Charter Amended. Dublin, Charter Amended. Dupont, Charter Repealed.

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Dupont, New Charter For. East Point, Charter Amended. Elberton, School Law Amended. Empire, Town of, Incorporated. Fayetteville, Charter Amended. Flovilla, Charter Amended. Folkston, City of, Incorporated. Glennville, New Charter For. Gray, New Charter For. Greenville, Charter Amended. Guyton, Charter Amended. Guyton, Charter Amended. Harrison, Charter Amended. Hazlehurst, Charter Amended. Hazlehurst, Public School System Amended. Hazlehurst, Public School System Amended. Hiram, Charter Amended. Hiram, Public School System Amended. Homer, School District of, Incorporated. Hull, Charter Amended. Inman, Town of, Incorporated. Kirkwood, Charter Amended. Leslie, Charter Amended. Lilly, New Charter For. McCaysville, Town of, Incorporated. Macon, Charter Amended. Manchester, Charter Amended. Marietta, Charter Amended. Marietta, School Bonds. Marietta, School Law Amended. Marshallville, Charter Amended. Marshallville, Charter Amended. Middleton, Town of, Incorporated. Molena, Charter Amended. Monroe, Charter Amended. Moreland, Charter Amended. Morris, Town of, Incorporated. Moultrie, Charter Amended. Newnan, Charter Amended. Newnan, Charter Amended. Newnan, Public School System Amended. Obe, Charter Amended. Odum, City of, Incorporated. Oglethorpe, Charter Amended. Oglethorpe, Public School System Amended. Ohoopee, New Charter For. Oxford, Charter Amended. Palmetto, Charter Amended. Parrott, Charter Amended. Pavo, Charter Repealed. Pavo, Town of, New Charter For. Preston, Charter Amended. Quitman, School Law Amended. Rays Mill, Charter Amended. Savannah, Park and Tree Commission, Act Creating Amended. Savannah, Ferry Rights of. Scotland, Town of, Incorporated. Smyrna, Charter Amended. Stonewall, Town of, Incorporated. Surrency, New Charter For. Swainsboro, Charter Amended. Sycamore, Charter Amended. Sylvester, Charter Amended. Tennille, Charter Amended. Thomasville, Public School Law Amended. Thomasville, Charter Amended. Tunnell Hill, Charter Amended. Tyrone, Town of, Incorporated. Union Point, Charter Amended. Valdosta, Charter Amended. Valdosta, Charter Amended. Vienna, Charter Amended. Washington, Charter Amended. Weston, Town of, Incorporated. Wilburn, Repeal of Charter Submitted to Voters. Woodville, City of, Incorporated.

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ABERDEEN, TOWN OF, INCORPORATED. No. 177. An Act to incorporate the town of Aberdeen, in the county of Fayette, State of Georgia; to provide for a mayor and Council, prescribe their powers and duties; to define the corporate limits, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act the town of Aberdeen, in the county of Fayette, be and is hereby incorporated, as a town under the name of Aberdeen. Aberdeen, town of, incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Aberdeen shall be as follows: Extend in every direction the distance of one-half of one mile from the public road crossing near W. A. Leache's residence, where he now lives in said town. Corporate limits. Sec. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and three councilmen, who are hereby constituted a body corporate by the name of the town of Aberdeen, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them to better discharge their duties and needful for the good order, government and welfare of said town, and by said name shall have perpetual succession. Mayor and councilmen. Sec. 4. Be it further enacted by the authority aforesaid, That on the first Saturday in January, 1912, and every

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year thereafter, shall be held in said town an election for Mayor and Councilmen, who shall hold office for one year and until their successors are elected and qualified. The following named persons, to-wit: Said election to be under the supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Elections of mayor and councilmen. Sec. 5. Be it further enacted, That all persons who have been bona fide residents of said town for sixty days next preceding an election held therein and who are qualified to vote for members of the General Assembly shall be allowed to vote at any election held in said town. Electors. Sec. 6. Be it further enacted, That the mayor and councilmen and such officers of said town as hereinafter provided for, shall, after election or appointment to his office and before he shall enter upon his duties thereof, take and subscribe the following oath, which may be administered by any officer authorized by the Code of Georgia to administer oaths or in the presence of each other: I do solemnly swear or affirm that I will faithfully discharge all duties incumbent upon me as mayor or councilmen or other officer of the town of Aberdeen, according to the best of my ability, so help me God. Said oath with the certificate of the officer administering the same shall be filed with the officer entrusted with the records of said town. Official oath. Sec. 7. Be it further enacted, That the mayor and councilmen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, payable to such town in its corporate name. Municipal officers.

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Sec. 8. Be it further enacted, That the council of said town shall have power therein to lay off, close, open, and keep in good order and repair roads, streets and sidewalks for the use of the public or any citizen thereof, to prevent injury or annoyance to the public or individuals, from anything dangerous or unwholesome; to protect places of divine worship in and about the premises; to abate or cause to be abated anything which in the opinion of the majority of the whole council, shall be a nuisance, to protect the property and persons of said town and to preserve the peace and good order, therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide for the annual assessment of taxable property therein, which, in no event, shall exceed five cents on one hundred dollars worth of property, to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia to carry into effect the foregoing enumerated powers and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonment in the town prison, if there be one, for a term not exceeding twenty days. Powers of council. Sec. 9. Be it further enacted, That the said town have the power and right to organize work gangs and to confine at labor therein for a term not exceeding twenty days, persons for violating the ordinances of said town, provided that said penalty shall be inflicted as an alternative for failure or refusal to pay the fine imposed for such violations. Work gangs Sec. 10. Be it further enacted, That the mayor of said town shall have authority to issue warrants, to bind over

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or commit to jail offenders against the criminal laws of Georgia, whenever in the course of investigation before him a proper case therefor shall be made out by evidence. Mayor's court. Sec. 11. Be it further enacted, That the mayor and councilmen shall have power to elect mayor pro tem., who shall perform all duties of the mayor who from any cause cannot be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen or any subordinate office in said town. Mayor pro tem. Sec. 12. Be it further enacted, That the mayor of said town shall be chief executive officer thereof. He shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police when he may deem it necessary to do so; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof; and in default thereof of such immediate payment, he may imprison the defendant as hereinbefore provided. Mayor, powers of. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. ADEL, CHARTER AMENDED. No. 99. An Act to amend an Act entitled An Act to re-incorporate the town of Adel, in the county of Berrien, approved

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December, 19, 1900; to prohibit the sale of intoxicating liquors, near-beers, etc.; to provide for the return of property for taxation and a penalty for failure of property owners to make such return; to provide for the enforcement of payment of light and water rent; to add a general welfare clause, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, an Act entitled An Act to re-incorporate the town of Adel, in the county of Berrien, approved December 19, 1900, be, and the same is, hereby amended as follows, towit: By striking or repealing all of Section twenty-two (22) of said Act, and inserting in lieu thereof the following: It shall be unlawful to sell, or give away to induce trade, any spirituous, malt or intoxicating liquors, or near-beers or like beverages in said town; that the police authorities of said town shall have power and authority to enter without warrant and to inspect any place of business, residence or other place in said town where there is reason to suspect that intoxicating liquors or near-beer or like beverages are kept therein for unlawful sale, and to seize and hold such articles and things as may be found therein, to be used as evidence of a violation of said law, or any ordinance of said town, or the law of this State. Adel, town of. Near beer, disposition of prohibited. Sec. 2. Be it further enacted, That the mayor and councilmen of said town shall have the authority to provide by ordinance the manner and method by which property owners of said town shall make return of their property for taxation, and to provide a penalty for a failure to return same as so provided. Tax returns.

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Sec. 3. Be it further enacted, That all rents for water and lights which may hereafter become due to said town, shall be in the nature of a tax against the property to which or upon which same is furnished, whether the same is occupied by the owner or a tenant, and that after a lapse in payment of said rent or rents for a period of sixty days, the authorities of said town shall have the power and authority to issue a fi fa. against said property and the owner thereof for said sum, which shall thereafter take the same procedure as is now provided for fi fas. for taxes in said town. Provided, however , that this law shall not apply should the said town, or its agents or employees, put in water or lights on any property hereafter, other than upon the written request of the owner thereof. Rents for water and lights. Sec. 4. Be it further enacted, That is shall be unlawful to operate in said town any pool, billiard or bagatelle table, five-pin, ten-pin or bowling alley, or any like devices, where the public is allowed to play, or any charge is made therefor, either directly or indirectly. Operating for pay play places, prohibited. Sec. 5. Be it further enacted, That the enumeration of powers contained in this Act, and in the Act which is hereby amended, and all previous amendments thereto, shall not be considered restrictive, but the town of Adel and its authorities may exercise all powers, rights and jurisdictions as they might have if such enumerations were not made in said Acts as above designated, and the mayor and councilmen of said town may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said town, and where under said Acts rights are conferred or powers granted, but the manner of exercising them is not prescribed, the mayor and councilmen may prescribe, by ordinance, the method of exercising

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them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of said Acts nor the laws of this State. Police powers. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 17, 1911. ALAMO, TOWN OF, CHARTER AMENDED. No. 120. An Act to amend an Act to incorporate the town of Alamo, in the county of Montgomery, State of Georgia; to define the corporate limits of said town; to provide for a mayor and aldermen and other officers for said town, to prescribe their duties and powers; to confer upon the mayor and aldermen of said town the power to enact municipal ordinances for said town, and to provide for the enforcement of said ordinances, and for penalties for the violation of the same; to provide for all matters of municipal concern of said town; to extend the jurisdiction of said town from one-half mile to three miles in each direction from the Seaboard Air Line Railway depot, and for other purposes, and to amend Section 1 of the Acts of 1909 by striking therefrom the word one-half in line six of said Section on page 498, and inserting in lieu thereof the word three, and by striking the word one in line two of said Act and Section on page 499 and inserting in lieu thereof the word six.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of the Acts of 1909, page 498, be, and the same is, hereby amended by striking therefrom the word one-half in line 6 of said Section on page 498 and inserting in lieu thereof the word three, and striking therefrom the word one in line 2 of said Act and said Section on page 499, and inserting in lieu thereof the word six, so that said Section when amended will read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Alamo in the county of Montgomery in said State, be, and the same is, hereby incorporated, and that the corporate limits of said town shall extend three miles in a northerly, easterly, southerly and westerly direction from the depot of the Seaboard Air Line Railway at the station known as Alamo on said railway in said county, so as to embrace a circle within a diameter of six miles, with its center the place where said depot is now located, that the said territory and the inhabitants therein be, and the same is, hereby incorporated under the name and style of Alamo. Alamo, town of Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. ALBANY, CITY OF, DISPOSITION OF CERTAIN STREETS. No. 191. An Act to authorize and empower the City of Albany to close and vacate, and to either sell, conditionally or in

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fee simple, or lease, or let by grant of franchise thereon, or convey by deed of gift in fee simple, so much of North street, in said city, for its full width, between the east line of Front street and the east line of Washington street, and so much of Front street, in said city, for its full width and including all streets, intersections, between the north line of Tift street, (extended), and the north line of Pine street, as said city, by and through its mayor and council, may deem necessary, expedient or proper, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city of Albany, in the county of Dougherty, be, and it is, hereby authorized and empowered to close and vacate, and to either sell, conditionally or in fee simple, or lease, or let by grant of franchise thereon, or convey by deed of gift in fee simple, so much of North street, in said city, for its full width, between the east line of Front street, and the east line of Washington street, and so much of Front street, in said city, for its full width and including all street intersections, between the north line of Tift street, (extended), and the north line of Pine street, as said city, by and through its mayor and council, may deem necessary, expedient or proper. Albany, city of. Disposition of parts of North and Front streets. Sec. 2. Be it enacted by the authority aforesaid, That said city shall provide for any disposition or conveyance of said portions of streets by ordinance, and said city is hereby authorized and empowered to make, execute and deliver all and singular the necessary papers or instruments of conveyance in the premises, and to authorize its mayor and clerk of council to sign said papers or instruments

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of conveyance and affix the seal of said city thereto; and said city is further authorized and empowered to do and perform any and all other or further act or acts necessary in the premises relative to any disposition or conveyance of said portion of said streets. Method of disposition. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 19, 1911. ALDORA, CHARTER AMENDED. No. 92. An Act to amend an Act entitled An Act to incorporate the town of Aldora, in the county of Pike, to define its corporate limits; to provide a government for said town, and to confer certain powers on the same, and for other purposes, approved August 14, 1906. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 1 of the above recited Act be, and the same is, hereby amended by defining and fixing the eastern and a portion of the northern corporate limits of said town of Aldora, as follows: Commencing at the southeast corner of the twelve-acre tract of land on which the cotton mill of the Aldora Mills is situated, and running north 2 degrees east to the northeast corner of said tract of land; thence west along the north line of said tract of land to where the present corporate limits of the city of Barnesville

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crosses said north line of said tract of land, so that no part of the town of Aldora, nor any part of the property of said Aldora Mills, south of the Central of Georgia Railway, shall be within the corporate limits of the city of Barnesville. Aldora, town of. Corporate limits. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. ALVATON, TOWN OF, INCORPORATED. No. 229. An Act to incorporate the town of Alvaton, in the county of Meriwether, and prescribe its limits; to provide for a mayor and councilmen and the officers of said town, and prescribe their powers and duties, and the manner of their election; to declare and define the police power of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory embraced within the limits of two thousand feet in every direction from the junction of the Griffin and the Rockymount road, and the public road running north and south in front of the present residence of J. B. Lyle be incorporated under the name and style of the town of Alvaton, and the town of Alvaton is hereby incorporated and by that name and style shall have perpetual succession; may

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have and use a common seal; may sue and be sued; may plead and be impleaded; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes estate or estates, real or personal of whatever kind or nature within or without the jurisdictional limits of the said town of Alvaton, and may sell or otherwise dispose of the same for the use and benefits of said town, or as the town council may see fit and proper, the mayor of said town, by the direction of the town council, making deeds to any property sold or disposed of by the town. Alvaton, town of, Corporate limits and powers. Sec. 2. The municipal authorities of said town shall consist of a Mayor and four (4) councilmen, who together shall be known as the town council. Three councilmen, or the mayor and two (2) councilmen shall constitute a quorum of the town council. The concurrent vote of three (3) councilmen, or the mayor and two (2) councilmen, shall be necessary for the passage of any order, resolution, ordinance or other official action of the town council. The mayor may vote on any question. The council may elect from their number a mayor pro tem., who shall have the same authority in all matters as is given to the mayor whenever the mayor for any reason cannot, or will not for any reason, or declines to act. Mayor and councilmen. Sec. 3. The mayor and councilmen may be impeached and removed from office upon being convicted by the concurrent vote of three (3) members of the council for malpractice in office or grossly immoral conduct, or of any act amounting to a felony under the laws of this State or involving moral turpitude. The officer upon being accused shall have a fair trial before the other members of the council, and if convicted may obtain certiorari according to

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the rules of law of this State, but pending the hearing of such certiorari such officer shall be suspended from his office. Impeachment of mayor or councilman. Sec. 4. That T.R. Caldwell is hereby constituted mayor of the town of Alvaton, and J. W. Caldwell, N. A. Caldwell, E. E. Loftin and J. J. Higgins, councilmen. Said mayor and councilmen to hold their office until the next regular election of mayor and councilmen as will be hereinafter provided, or until their successors are elected and qualified. Mayor and councilmen named. Sec. 5. Beginning with the year nineteen hundred and twelve (1912) an election will be held in said town annually on the first Saturday in January at such place in said town as may be designated by mayor and councilmen, and on the first Saturday in January, annually, a mayor and four councilmen shall be elected. The term of office of the mayor and councilmen shall be one (1) year, or until their successors are elected and qualified. Elections of mayor and councilmen. Sec. 6. All elections shall be superintended and managed by a Justice of the Peace or some other judicial officer and two freeholders, residents of said town, and before entering in on their duties as managers of said election, shall subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we are Justices of the Peace, or other judicial officers or freeholders (as the case may be) residing in the town of Alvaton, that we will make a just and true return thereof, and will not knowingly permit anyone to vote in this election unless we believe he is entitled to vote according to laws of said town of Alvaton, nor will we knowingly prohibit anyone from voting who is by law entitled to vote, So help us God. Said oath shall be signed by each manager

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in the capacity in which he acts; said oath may be administered by any person in the county of Meriwether authorized by law to administer oaths, or if no such officer can be conveniently had, said managers may swear each other. Said managers must keep two lists of voters and two tally sheets of said election. Said managers shall be appointed by mayor then in office, or in his absence or refusal, by the mayor pro tem. then in office. Or in the absence of both, by any councilman then in office. Said managers of said election shall receive such compensation as may be fixed by the town councilmen, and no more. Elections, managers. Sec. 7. All the polls, at the election held in and for the town shall be open from nine o'clock (9:00) a. m. until four o'clock (4:00) p. m., when they shall be closed and the managers of said election shall proceed to count the ballot and consolidate the returns of said election, and certify same. They shall keep two lists of voters and two tally sheets, and shall make certificates of returns on each tally sheet and shall place one said list of voters and one said tally sheet, together with the ballots, in an envelope or box and seal same and deposit same with Clerk of Superior Court of Meriwether county. The other list of voters and tally sheet shall be filed with the clerk of the council by said managers for delivery and inspection by said town council who shall meet within any time in five days after said election and declare results of same, which said declaration of results of said election shall be caused to be entered as record on their book of minutes. The Clerk of the Superior Court and clerk of said town council after the expiration of thirty (30) days after the time of said election shall destroy said ballots and lists of voters without inspection; provided , no notice of contests be filed or pending, in

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which case they shall preserve same until said contest be finally determined. Elections, how held. Sec. 8. The result of any election held in and for said town may be contested in the following manner: Notice of such contest must be filed with Ordinary of Meriwether county within three days after said election, setting forth all the grounds of contest and upon payment of fee of fifteen dollars ($15) in advance to said Ordinary, said Ordinary shall within two (2) days after he receives same, cause a copy of said notice to be served by the Sheriff and his Deputies on the contestee, if said contest is for an office and if the result of any election in which the result as submitted is contested, then said Ordinary shall cause notice to be served on the mayor of the town and published one time in the official newspaper of the county. Said Ordinary shall fix a time for the hearing of the contest which shall not be later than ten days after notice of service has been perfected, of which time both parties shall have five (5) days notice before the hearing. The contestor shall pay the Sheriff or his Deputies two dollars ($2.00) in advance for serving notice of contest, all contests shall be heard at the county court house. Said Ordinary is authorized to hear and alternate the contest and the losing party pay all costs for which said Ordinary is authorized to render judgment and issue executions. Contested elections. Sec. 9. All persons eligible to vote for members of the General Assembly, according to laws of State of Georgia, and who shall have resided in said town thirty (30) days preceding elections, who shall have paid all taxes as required by the town of Alvaton. Electors.

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Sec. 10. No person shall be eligible to office of mayor or councilman to said town unless he is twenty-one (21) years of age, and shall have resided in said town thirty days immediately preceding his election and has become a bona fide resident of said town and shall be a qualified voter in municipal elections of officers in said town. Qualifications for office. Sec. 11. If a vacancy occurs in the office of mayor an election shall be called within twenty (20) days after such vacancy to fill such vacancy. If a vacancy occurs in the office of councilman, the mayor and councilmen shall fill such vacancy; provided, however , that the person elected to fill such vacancy shall hold office only until the next regular election for councilmen in said town. Vacancies. Sec. 12. That on the second Monday following the first Saturday in January of each year, the persons elected as mayor and councilmen shall qualify by taking the following oath before some officer or the mayor of the town then in office: I do solemnly swear that I will well and truly demean myself as mayor (or councilmen as the case may be) of the town of Alvaton for the ensuing term, that I will faithfully enforce the charter and ordinances of said town to the best of my skill and knowledge, without fear or favor, so help me God. If the oath cannot be taken as above specified it shall be administered as soon as possible there after. Official oath. Sec. 13. The salary of the mayor and councilmen shall be prescribed each year by the mayor and councilmen either at the beginning or closing of the year. Salaries. Sec. 14. The mayor and councilmen of the town of Alvaton shall have the power and authority to enact all

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such ordinances from time to time as are necessary to carry into effect the provisions of this charter, to suppress disorderly conduct; to protect life and property; to maintain the public peace to protect the public health, which are not repugnant to the laws of the United States or to this State. General welfare. Sec. 15. The mayor and councilmen shall hold monthly, semi-monthly or weekly meetings as they decide upon and the mayor, or mayor pro tempore , may call such meetings as emergencies may require. Meetings of council. Sec. 16. The mayor and council may have power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all the laws of the State of Georgia applicable to municipal corporations, and which laws so far as are not in conflict with this Act, are made part thereof, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over streets, alleys, by-ways, sidewalks and public squares of the town and may provide against obstructions thereon. They may lay such and gutters therein as are necessary and shall take all necessary and proper means for keeping the corporate limits of the town, or the limits of its police jurisdiction free from garbage and filth of all kinds. They shall have power to summarily abate nuisances whenever in their judgment such nuisances are injurious to health, comfort, convenience of the inhabitants of said town, either with or without complaint against such nuisances. They may regulate the running of locomotives or cars whether run by steam, electricity, or other power. They may provide against obstructions on the streets, alleys or sidewalks therein, and may prevent the placing thereon any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make

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such streets or sidewalks unclean or unsightly. They may make such regulations that they may deem proper relative to the keeping, storing or sales of gun powder and explosives, inflammatory oils, chemicals or powders in said town. Police powers. Sec. 17. The mayor and council shall have authority to elect a town marshal, a treasurer, a town clerk, a town attorney, a town physician, a town tax assessor, a recorder, together with all other officers that the necessities of the town demand. They may prescribe the duties of the officers and fix their salaries, all such officers shall be elected for one year and until their successors shall be elected and qualified. The mayor, or the mayor pro tempore , may appoint such extra policemen as are necessary in case of emergencies, and such extra policemen shall receive such compensation as may be agreed upon as may be fixed by mayor or council; either or all the said officers elected by said mayor and councilmen may be dismissed from office at any time by a two-thirds vote of mayor and council, and all of them shall take oath to faithfully perform the duties of their respective offices and give such bond or security as may be required by the mayor and council. Municipal officers. Sec. 18. For the purpose of raising revenue to defray the ordinary current expences incident to the proper maintenance of the town government the said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of the town and which is not exempt by State law, not to exceed one-fourth () of one per cent, but where the amount is not sufficient said mayor and council shall have authority to levy and collect all additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Ad valorem tax.

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Sec. 19. Every person holding and owning property of any kind in any capacity within the incorporate limits of the town on the first Monday in February each year after the passage of this Act shall return same for taxation under oath at any time from and after the first Monday in February until the first Monday in May of each year to the town clerk or other officer authorized to receive tax returns for said town. Tax returns. Sec. 20. Every male person between the ages of 21 and 50 years who has resided in said town thirty (30) days shall be liable and subject to work the streets for said town not to exceed ten (10) days in each year at such time or times as the mayor and council may require or to pay a tax in lieu thereof not exceeding five ($5) dollars, any one year, as the mayor and council may determine. Any person subject to work on the streets who shall refuse to work or pay the tax in lieu thereof, after being duly notified, shall be guilty of violating this Section and may be punished as prescribed in Section Number of this Act. Street tax or work. Sec. 21. The mayor and council shall have the right to establish a guard house and chaingang in said town; provide for the confinement of prisoners therein; provide for their maintenance during the period of their imprisonment and generally to provide for the control and proper government of said convicts. The employees of said town in said charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. Chaingang, etc. Sec. 22. The mayor and council shall have sole and exclusive power and authority to regulate the sale of intoxicating

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liquors, spirits, wines or malt in said town, grant licenses for the sale of same; provided , these licenses shall not be less than twenty-five hundred dollars ($2,500) per annum and, provided, further , that no persons shall sell less than one quart to any one person. Sale of intoxicants. Sec. 23. The mayor and council of said town shall demand all licenses of specific taxes paid in advance upon beginning business. Should any person, firm or corporation begin business before this license is paid they shall be liable to prosecution in police court of said town and may be fined or imprisoned, either or both, at the discretion of the court. Specific tax. Sec. 24. The mayor and council shall have power and authority to collect any debt due the town for license, taxes, fees, fines, forfeitures or for abating any nuisances or any other demands due the town. Said executions to be issued by clerk of town court and to bear test in the name of the mayor against the property, person, corporation, or firm against which or from whom any such debt or demand is owing. Such execution to be directed the marshal, the deputy marshal and the policemen of the town of Alvaton who are authorized to levy the same upon the property against which it is issued or on the property of the person against whom such execution shall have issued and the same shall be sold in the following manner, to-wit: The property levied on shall be sold by the marshal or his deputy at public outcry under the laws of Sheriff sales to the highest bidder before the door of the council chamber or at such other place that the mayor may determine, notice of such place shall be stated in the advertisement of such property. If such property levied upon shall be personal property it shall be advertised by posting notices in three public and conspicuous places in said town for ten days before date of

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sale, and if the property levied upon be real estate he shall advertise same once a week for four weeks in the county paper of Meriwether before selling same, all sales as provided shall be to the highest bidder and for cash. Said marshal or his deputy making such sales shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the Sheriffs of the State have. Collection of taxes, etc. Sec. 25. The mayor and council shall at their first regular meeting in each year elect three upright, intelligent and discreet persons, who shall be citizens and qualified voters in said town and owners of real estate therein as town assessors. Said assessors may be removed from office at any time for sufficient cause to be judged by the mayor and council. It shall be the duty of said assessors to assess the value of all real estate in said town for the purpose of taxation by the town. Said mayor and council shall have the authority to provide rules for their government. The town assessors shall make returns of the assessments made by them to the mayor and council thirty days before time for collecting taxes. When said returns are made said assessors shall fix a time for hearing objections to their assessment and the clerk of said town shall give each owner of property whose tax returns have been increased, at least fifteen days notice of such meeting, stating therein the amount of such increase. If the property has been given in by an agent, notice to agent shall be sufficient. If the owner is not a resident of the town and has no known agent residing therein, the mayor and council shall have authority to prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have authority to prescribe by ordinance for assessing the value of all property, both real

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and personal, not returned for taxation and for double taxing all defaulters. The tax assessors shall receive such compensation as the mayor or council shall allow, and no more. Tax assessors. Sec. 26. There shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town to be held at such convenient places within the town as the mayor may designate and as often as necessary. In the absence or disqualification of the mayor the mayor pro tempore shall hold said court. And in the absence of both mayor and mayor pro tempore , any member of the council shall hold court. Said court shall have power to preserve order and compel the attendance of witnesses, to punish for contempt by work on the streets, not exceeding five (5) days or a fine of not exceeding five ($5) dollars, one or both. The presiding officer of said court shall have power and authority to sentence any offender upon conviction to labor in the town work gang on the streets for a period not exceeding thirty (30) days; provided , that this sentence shall only be imposed as an alternative to a fine, or impose a fine not exceeding one hundred dollars ($100), or imprisonment in the guard house or other place of confinement not exceeding ninety (90) days, either one or all such sentences may be imposed. Sentence may be cumulative. The mayor and council shall have power and authority to provide by ordinance what procedures shall be adopted for the trial of alleged offenders in the mayor's court of said town. Mayor's court. Sec. 27. In no case shall it be necessary for affidavit to be made or warrant to be issued to authorize arrest to be made for violation of any of the ordinances of said town. Arrests.

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Sec. 28. Any person convicted in the mayor's court for violation of any of the ordinances or by-laws of said town shall have the right of certiorari to the Superior Court of Meriwether county. Or he may have the right to appeal to mayor and council of said town, if the mayor and council shall see fit by ordinance to provide for such appeal, otherwise certiorari aforesaid shall be the only remedy. Certiorari. Sec. 29. The mayor and mayor pro tempore of said town, or any member of the council then presiding in the mayor's court shall have in addition to the jurisdiction of Justice of the Peace over all the territory embraced within the jurisdiction a municipal officer whenever it shall appear that an offense against the laws of the State has been committed within the limits of said police jurisdiction, it shall be the duty of the officer of said town presiding after investigation to commit the offender or offenders to jail or bail to answer the court having jurisdiction of the offense. Commitments. Sec. 30. The mayor and council shall have jurisdiction over all cemeteries located in said town. They may enact ordinances to prevent trespassing therein and to prevent any persons from effacing any work therein. They may regulate charges for grave digging, hearse fees, and any and everything pertaining to the care and operation of said cemeteries. Cemeteries. Sec. 31. The mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said town and whenever in their judgment any building is dangerous to life or health of the citizens on proper cause made in the terms of the laws of the State of Georgia they shall have the right to condemn such buildings as a nuisance and call on the owner or tenants in

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possession to immediately abate the same. In the event the owner or tenant in possession refuses to abate such nuisances within a reasonable time then said mayor and council may cause the same to be done and issue execution against the premises for the costs. They may also provide an ordinance for punishment for any person or persons refusing to abate such nuisances after due notice has been given such party. Dangerous buildings, etc. Sec. 32. The mayor and council of said town shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets and alleys of said town, and shall have the power to lay off, vacate, close up, alter, open, curb, pave or drain the streets and alleys, side walks, cross walks for the use of the public or any citizen of said town. Grant right-of-way to railroads, water works, electric lights, telephones and telegraph wires throughout the streets and alleys of said town upon such terms and conditions and restrictions as said mayor and council may prescribe. Whenever said mayor and council in the exercise of the authority herein conferred to straighten, widen, open or otherwise change any of the streets or alleys of said town shall find it necessary to take private property for such purpose and cannot agree with the owner or owners they may take such private property by condemnation on the following terms: The mayor and council shall cause to be served on the owner or his agents written notice of their intention to condemn such property, which notice must describe the property sought, the purpose for which it is to be used, the time and place, when and where, the proceedings to condemn shall be held, not less than five (5) days from the date of service of such notice. Such notice shall be served by the marshal or his deputy. The mayor and

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council shall appoint one free holder, the owner of the property sought to condemn appoint another free holder and the free holders appointed by both parties shall elect a third free holder and the three free holders shall, after taking an oath to faithfully discharge their duties, shall hear all legal evidence offered by both sides, assess the damages or compensation and under their award which shall be signed by at least two of the free holders, said award shall be filed with the city clerk. Should the two free holders be unable to agree on the third free holder then the mayor and council shall appoint the third free holder. Either party dissatisfied with the award of the assessors, may within four (4) days after the same is filed enter an appeal to the Superior Court of Meriwether county. The town of Alvaton may at any time before appeal abandon proceedings. The mayor and council may after payment or tender of payment to owner or his agent of the sum found by the assessors proceed to take such properties and apply the same for the purpose for which it was condemned. Streets, etc. Sec. 33. The mayor and council may have the right to establish and maintain quarantines and other regulations that, in their judgment may be necessary to prevent the introduction and spread of any and all contagious and infectuous diseases in said town. Quarantines. Sec. 34. The mayor and council shall have authority to compel owners of property or their tenants to keep in good order and condition the sidewalks in front of and abutting on said property. Should any owner or tenant fail or refuse to comply with any ordinance passed in pursuance of this Section the work may be done by the town and the expense attending the same collected by execution against

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the said property; provided , the owners of said property be given ten (10) days notice to make the designated improvements. Sidewalks. Sec. 35. The mayor and council shall have power and authority to provide against hazard and damage by fire, prevent the placing of any inflammable material or the use of any building in such a way as to jeopardize the property of any citizen of the town by fire. The owner or person refusing to comply with the order of the mayor and council in such instances shall be punished for violation of ordinances enacted for fire protection. Protection against fire. Sec. 36. The marshal or any policeman of said town shall release any person arrested within the corporate limits of said town upon said person giving a bond to be approved by mayor of said town conditioned to pay the obligee in said bond an amount fixed by marshall or mayor of said town. In the event said person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond and from time to time said person arrested is tried for the offense for which he was arrested, should such person fail to appear at the time and place fixed and cited in the bond. Said bond may be forfeited before the mayor's court of the town of Alvaton as the mayor and council may provide by ordinance. Appearance bonds. Sec. 37. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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AMERICUS, CHARTER AMENDED. No. 156. An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus; to confer additional power upon the mayor and city council of Americus; to extend the corporate limits of said city and for other purposes, approved November 11th, 1889, so as to provide for a recorder's court in said city of Americus and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That an Act entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus; to confer additional power upon the mayor and city council of Americus; to extend the corporate limits of said city and for other purposes, approved November 11th, 1889, be, and the same is, hereby amended by striking from said Act Sections 18, 19 and 39 and inserting in lieu of said stricken Sections the following: Americus, city of. Sec. 18. There shall be, and hereby is, established a court to be known as a recorder's court in and for said city of Americus, which court shall have jurisdiction to try offences against the laws and ordinances of the municipal government of the city of Americus and to punish for a violation of the same. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days, or fine not exceeding ten dollars, one or both. Said court shall be presided over by the mayor of said city or in his absence, disability or disqualification, by the mayor

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pro tempore , and in case of the absence or disqualification of the mayor pro tem , then any member of the city council who may be designated by the city clerk and treasurer shall act as recorder, and when presiding, such person shall be known as the city recorder. Said recorder is hereby authorized and empowered to try and dispose of any matter that the mayor of Americus might have under previous existing laws and ordinances while presiding over the mayor's court of said city. That in criminal cases the defendant shall not have the right to appeal to the general council from the decisions or judgment of the recorder, but the right of certiorari from his judgment shall exist as is provided Section 40 of the Act of 1889, approved November 11th, 1889, providing for certiorari from decisions of the mayor and city council of Americus, and certiorari shall be sued out under the same conditions as therein set out. Recorder's court. Sec. 19. Sessions of the recorder's court shall be held as often as may be necessary for the trial of all offenders against the laws and ordinances of the city of Americus. Said recorder's court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets, or other public works for a period not to exceed sixty days; or to impose a fine not to exceed one hundred dollars ($100.00), either or all of said penalties may be imposed in the discretion of the court. Punitive powers. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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ARLINGTON, CHARTER AMENDED. No. 75. An Act to amend an Ac to provide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter and to grant certain powers and privileges to said town, and for other purposes, approved October 9th, 1891, so that mayor and council shall have the power and authority to require the property owners in the business section of said town to pave the side walks bounding their property; to provide a method of procedure therefor and enforcement thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passing this Act, An Act to provide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter and to grant certain powers and privileges to said town, and for other purposes, approved October 9th, 1891, be, and the same is hereby amended as follows: The mayor and council of the said town of Arlington shall have the power and authority to require the owners of real property in the business section of said town to pave the sidewalks bounding their said real property, or pay for said paving by complying with the following provision of this Act. Arlington, town of, sidewalks in business section. Sec. 2. Be it further enacted, That said mayor and council shall not have authority to order paved or to pave any side walk, as hereinafter provided for, except in the following manner: Said side walks shall be paved with 18

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inch cement tiling pentagon in shape and not less than one and one-half inches thick, and with a curb not less than six inches wide by ten inches deep, and said side walk when paved shall not be less than ten feet wide inclusive of the curb. Pavements. Sec. 3. Be it further enacted by the authority aforesaid, That when in the discretion of said mayor and council sidewalk or sidewalks bounding any real estate in the business section of said town should be paved, it shall be the duty of the said mayor and council to pass a resolution providing that the owners of such real estate shall be notified as is provided by this Act, to pave such sidewalk or walks. And such resolution shall specifically describe the sidewalk to be paved, the manner in which it shall be paved and shall be spread upon the minutes of said council. Notice to property owners. Sec. 4. Be it further enacted by the authority aforesaid, That when said mayor and council have passed a resolution as is provided for in Section 3 of this Act, the Clerk of said town shall issue a writ, bearing test in the name of the mayor of said town, calling on such owner of real estate to show cause, if any he has, at the next regular meeting of said council, why he should not pave the sidewalk bounding his said real estate. Said Clerk shall attach to said writ a certified copy of said resolution herein before provided for. Form of notice. Said writ shall be substantially as follows: To A. B. You are required to be and appear before the mayor and town council of the town of Arlington at its next regular meeting to be held at the council chambers in the town of Arlington at..... o'clock..... M. on the..... day of..... 19....., to show cause, if any you have, why you

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should not pave the sidewalk as provided in the attached resolution. Witness the Hon...... Mayor or said town, this.....day of..... 19.....Clerk. Sec. 5. Be it further enacted by the authority aforesaid, That when the writ shall have been issued as now provided for, the same shall be served on the tenant in possession of said real estate, by the marshall of said town or any constable of the county of Calhoun, or any Sheriff or Deputy Sheriff of said State, at least 20 days before the date of the meeting of the council to which the writ has been made returnable. Provided , that if there is not a tenant in possession, that a service shall be perfected on the owner of the fee. And in case said owner is not a resident of said town, service shall be deemed sufficient upon its being made to appear that the writ was deposited in the United States post office at Arlington, Georgia, at least 25 days before the meeting of the Council to which the writ was made returnable, and proof of its reception by such owner, at least 20 days before the date to which the writ is made returnable. Provided, further , that if service be perfected, by any of the manners provided for, too late for the time to which the writ is made returnable, further service will not be necessary, but such writ is hereby made returnable to the next regular meeting of said council thereafter. Service of notice. Sec. 6. Be it further enacted, That at the time and place specified, as hereinbefore provided, the land owner shall show cause, if any he has, why he should not pave the sidewalk bounding his property, with the material and in the manner hereinbefore provided. And if, in the judgment

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of the mayor and council he does not show sufficient cause, the said mayor and council shall have the power and authority to order him to pave such sidewalk, according to the specification provided herein, within thirty days, and upon the failure of such land owner to pave such sidewalk, as aforesaid, within the time specified, the said mayor and council shall cause the same to be paved at the expense of the town, to be charged against land owner, and upon the failure of such land owner to pay the clerk of said town, upon demand, the actual cost of the construction of said sidewalk, said clerk shall issue an execution, as other executions provided for in the charter of said town, are issued, against said land owners, therefor, which shall be a special lien on the property bound by such sidewalk, superior to all liens except liens for taxes due to the State of Georgia, and shall be a general lien on all the property, both real and personal, of such land owner, from its date. Said execution shall be enforced as other executions issued under the authority of the charter of the said town are enforced. Answer of owner. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1911. ATHENS, CHARTER AMENDED. No. 150. An Act to amend an Act entitled An Act to amend the charter of the town of Athens, and the various Acts

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amendatory thereof, approved August 24, 1872, and to extend the limits of the city of Athens, as defined in the Acts of 1877, approved February 26, 1877, so that the limits of said city, in addition to the boundary described in said Act, shall include a certain boundary or extension of the northwestern limits of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that An Act to amend the charter of the town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof and especially the Act approved February 26, 1877, be, and the same are, hereby amended so as to extend the corporate limits of the city of Athens, so that in addition to the boundaries defined in the Acts of 1877, approved February 26th, 1877, shall be extended so as to include on the northwestern limits of the present boundary of the city of Athens, the following described additional territory. Said limits shall be extended as follows: Beginning at a point on the spur track of the Athens Railway and Electric Company, where the corporate limits of the city of Athens intersect the center line of said spur track, the spur track being a track of said company connecting the main line of the Athens Railway and Electric Company with the tracks of the Seaboard Air Line Railway, from thence along the center line of said spur track in a northwesterly direction to a point on the main line of the Seaboard Air Line Railway, at which the tangent of the center line of said spur track intersects with the main line of said Seaboard Air Line Railway, and from thence in a westerly direction along the center line of the main line of the Seaboard Air Line to a

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point opposite the intersection of the west property line of the city of Athens with the right-of-way of the Seaboard Air Line Railway; thence across the Seaboard Air Line Railway's right-of-way to said point of intersection of property line with said right-of-way; thence along said property line of the city of Athens south 42 minutes west, 160 feet; thence along the western property line of the city of Athens, south 26 feet east 936 feet; from thence south 52 feet east 465 feet to the center of the Boulevard, thence in an easterly direction along the center line of the Boulevard to its intersection with the corporate limits of the city of Athens near the beginning point. Athens, city of. Corporate limits. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. ATLANTA, CITY OF, NEW CHARTER. No. 310. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Whereas , the present charter of the city of Atlanta contains many obsolete provisions and others whose purposes have been executed and furthermore requires amendment in many particulars. Therefore, be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for

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the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are, amended as follows: Section 1. That all the provisions of said Acts wherein same conflict with the provisions of this Act are hereby repealed, and, furthermore, that said Acts be amended to conform to the provisions of this Act, and the language thereof changed as hereinafter set out. The inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of The City of Atlanta, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by laws for municipal purposes as they may deem proper, not in conflict with this charter, nor the Constitution and laws of this State, nor of the United States, with power in and by said corporate name, to contract and be contracted with, sue and be sued, plead and be impleaded, in all the courts of this State, and to do all other acts relating to its corporate capacity; and shall be able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said city of Atlanta, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of whatever kind or nature so ever, within the limits or without the limits of said city, for corporate purposes; to hold all property and effects now belonging to said city, either in her name or in the name of others, to the use of said city, for the purposes and intents for which the same was granted, or dedicated; to use, manage and improve, sell, and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and use a common seal. The City of Atlanta: New charter. Corporate powers.

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Sec. 2. The corporate limits of the city of Atlanta shall extend over and include all the territory included within the following description, and shall incorporate all the inhabitants within the same. Commencing at a point on the northern line of land lot No. 109 of the 17th district of Fulton county, where same crosses the Peachtree road, and running thence east along the north line of said land lot to the northeast corner of said lot; thence south to the south side of the belt line of Southern Railroad; thence east to the east side of the right-of-way of the Southern Railroad; thence southerly along the east side of the right-of-way of said railway to a point where the same crosses the north line of land lot No. 17; thence due east along the northern line of land lots Nos. 17 and 16, in the 14th district of Fulton county, to the county line between Fulton and DeKalb counties, thence north along said county line to where the same intersects the north line of land lot 241 of the 15th district of DeKalb county, thence east along the north lines of land lots 241 and 242 of the 15th district of DeKalb county to the east line of land lot 242 of said district, thence south along the east line of said land lot 242 to the northwest corner of land lot 238, to a point directly north of a point on the south line of the right-of-way of the Georgia Railroad and Banking Company, which point is immediately opposite and south of the line between the land of M. H. Hayes and Mrs. S. A. Hull, being a point fixing the boundaries of the town of Edgewood, under Act approved August 27, 1906; thence directly south in a straight line to said point on said right-of-way, thence westerly along the south line of said right-of-way to the center of Clay street; to the north line of the right-of-way of Georgia Railway and Electric Company; thence in a westerly and southerly direction along the north line of said right-of-way

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to a point 200 feet south of Boulevard, DeKalb, thence west in a line parallel with Boulevard, DeKalb, and 200 feet south thereof, to the east land lot line of land lot 208 of said 15th district, thence south along the east land lot lines of land lots 208, 177, 176 of said 15th district to the southeast corner of said land lot 176, thence west along the south land lot line of said land lot line of said land lot 176, to the southwest corner thereof; thence north along the west land lot lines of said land lots 176 and 177 to a point 200 feet south of Glenwood Avenue; thence westerly in a line 200 feet south of and parallel with said Glenwood Avenue to the east line of the right-of-way of Atlanta and West Point Railway Company, thence in a southwesterly direction along the southeast line of said right-of-way to a point 500 feet east of Hill street; thence south in a line parallel with Hill street to the north line of the right-of-way of the Southern Railroad Company; thence northwesterly along the north line of said right-of-way to a point opposite the south line of Milton Reed Avenue; thence westerly to and along the south line of Milton Reed Avenue to its terminus; thence westerly to the south line of Brown street at its eastern terminus; thence westerly along the south side of Brown street to west land lot line of land lot 56, 14th district of Fulton county; thence north along said west land lot line to the corporate limits of the city of Atlanta as fixed by the Acts of 1908, or the south line of the right-of-way of the Atlanta West Point Belt Line R. R. Co.; thence in a westerly direction along the south line of said right-o-way to the corporate limits of formerly Oakland City; thence southwesterly along said limits to the east line of land lot 120 of the 14th district; thence extending south along the east land lot line of land lots 120, 121, and 122 to a point exactly east of the southeast corner of formerly Oakland City;

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thence extending in a straight line in a westerly direction to said southeast corner; thence along the former corporate limits of said Oakland City, being the frmer south and west boundaries thereof to their intersection with the east line of land lot 138, said 14th district; thence north along said east line to the northeast corner of said land lot 138, thence west along the north line of said land lot 138 to the northwest corner thereof; thence north along the west land lot lines of land lots 139 and 140, said district, to Gordon street; thence northwesterly along Gordon street to West Hunter street to west land lot line of land lot 148, said 14th district; thence north along the west land lot line of land lots 148 and 147 to the northern boundary of formerly Battle Hill; thence east along said former northern boundary line to the terminus thereof and thence in a line projecting east in line with said northern boundary to the west line of the right-of-way of the L. N. Railway Company; thence northerly along the west line of said right-of-way to its intersection with west land lot line of land lot 113, said 14th district; thence north along the west land lot line of land lots 113 and 189, said 14th district, to the south line of the right-of-way of the Western Atlantic Railroad; thence southeasterly along the south line of said right-of-way to Marietta road; thence easterly along Marietta road to Brown street; thence northerly along Brown street to Emmett street; thence east along Emmett street to Howell Mill road; thence northerly along Howell Mill road to the south line of right-of-way of Southern Railway Company; thence northeasterly along the south line of said right-of way to a point 200 feet north of 14th street; thence easterly in a line two hundred feet north of and parallel with 14th street to a point 200 feet west from the west side of East street; thence north in a line parallel with East street and

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200 feet west thereof, to a point west of East street and in line with the north line of Woods Avenue, or Sixteenth street, if extended thereto; thence east along said projective line and the north line of Woods Avenue or Sixteenth street, to a point 600 feet east of the west line of land lot 108, 17th district of Fulton county; thence due north to the north line of land lot 109, said 17th district; thence due east to the beginning point. Corporate limits. Sec. 3. That the limits of said city be extended beyond the limits as now defined so as to include and annex thereto the territory included in the following boundary; commencing at a point on the south line of the West Wood Park Company's property where said south line crosses the west line of land lot 139 of the 14th district of originally Henry, now Fulton county, Georgia, and running thence west along said south line one thousand feet; thence in a northerly direction and in a straight line to the southeast corner of Westview Cemetery Company's property to the center of Gordon street; thence southeasterly and along the center of Gordon street to the west line of said land lot 140 of said district; thence south to the point of beginning. Extended limits. Sec. 4. The mayor and council of the city of Atlanta shall divide the city into wards, not exceeding ten, having reference to population and territory, in order that all sections of the city may be fairly represented in the council. The power and authority of the city of Atlanta under the charter and ordinances and all laws appertaining to the city of Atlanta as a municipality are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the city are made co-extensive with said limits, and all

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other rights and powers necessary to carry out and enforce the laws and ordinances governing said city of Atlanta. The power of taxing property and of fixing and regulating licenses for business, to assess, issue executions for, and in cases of default, sell the property upon which taxes are due are extended to all said limits. The power of all boards and all other officers of the city of Atlanta are extended over all the limits of said territory, and same is likewise made subject to all the bonds heretofore issued by the city of Atlanta, and all bound for the payment of said bonds equally with the former territory of the city of Atlanta. Wards. Municipal powers co-extensive with territory. Lien of outstanding bonds. Sec. 5. The police officers formerly serving Oakland City and Battle Hill are made a part of, and members of the department of police of the city of Atlanta, at the same pay as the other patrolmen of the said department, and they shall not be required to stand the examination or otherwise conform to the rules, ordinances or charter provisions governing eligibility or membership in said department, and they shall be recognized as regular members thereof, and shall, also, be credited with the years of service heretofore rendered in Oakland City and Battle Hill, as if rendered in Atlanta, and shall receive such honors, positions, pensions and other privileges attending long service, same being based upon their former service in Oakland City and Battle Hill; provided , that except as hereinbefore provided, said police officers shall be subject to all laws now in force or may hereafter be enacted with reference to the police department of the city of Atlanta, and to all rules and regulations of said department. Police officers of Oakland City and Battle Hill. Sec. 6. The tract of land belonging to the city of Atlanta, known as the old waterworks property, to-wit: 368 15/100 acres in land lots 72, 57, 90, 71 and 58, in the

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Fourteenth district of Fulton county, is incorporated for police purposes, and the mayor and council of the city of Atlanta are hereby authorized to provide by ordinance for the maintenance of good order, the preservation of all property on said tract belonging to the City of Atlanta, or to anyone who may have leased, or shall hereafter lease said lands, or any part of them, from said city of Atlanta, just as if said lands were within the territorial limits of said city of Atlanta. The corporate limits of the city of Atlanta shall embrace the following land lots in the 530th district, Georgia Militia, known as Black Hall district, towit: Land lots numbers 71, 72, 73, 74, 86, 87, 88, 89, 90, 103, 104, 105, 106, 107, 120, 121, 122 in Fulton county, Georgia; and said mayor and council are hereby fully authorized and empowered to pass such ordinances in relation to, and over, said territory as may be proper and necessary for the full, ample, and complete protection of said waterworks and all its appurtenances, as above mentioned, and they shall have full power and authority to enforce, by penalties, a compliance with, and observance of, such ordinances, and the administrative board may cause to be abated and removed anything which may cause impurity or unhealthfulness of the water from said waterworks. Police protection of waterworks property. Sec. 7. The corporate limits of the city of Atlanta shall include therein for police purposes the tracks of formerly the Collins Park and Belt Railroad Company, now Georgia Railway and Electric Company, and the space of fifty feet on each side of said tracks all the way from the western limits of the city of Atlanta to the terminus of the tracks of said company on the Chattahoochee River, including also the pleasure resort at the said terminus. Police protection of tracks and western terminus of Georgia Railway Electric Co.

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Sec. 8. The mayor and council of said city shall have full power and authority to establish reasonable police and sanitary regulations over the new waterworks of said city, located at the Chattahoochee River, near the mouth of Peachtree Creek, in Fulton county, and along the pipe line of said waterworks system, between said river and city of Atlanta, including said pipe line, the reservoirs of said new waterworks system, the watershed, and all lands occupied for the purposes of water supply, and to punish a violation of such regulations by fine or imprisonment, as in case of violations of other ordinances of said City of Atlanta. Police protection for water works system. Sec. 9. The jurisdiction of said city and the territorial limits thereof shall extend for police and sanitary purposes over the lands now or hereafter purchased and belonging to the city of Atlanta, known as the new waterworks site and grounds, including all lands now or hereafter owned by the city, in which tract is the pumping station at the Chattahoochee River, and all the lands belonging to said city at and around what is known as the inner reservoir, filter or pumping plant, including also a strip of ground along Hemphill Avenue and Chattahoochee Avenue, and three (300) yards on each side of said roads and for a distance of three hundred yards all around and on all sides of said inner reservoir and pumping station, from the present limits of the city of Atlanta to the Chattahoochee River at the pumping station, and giving the mayor and council of the city of Atlanta authority to provide by ordinance for the protection of the property of said new waterworks system, and keeping the road aforesaid free from obstructions, and the preservation of the purity of the water in the reservoir, pipes, etc., belonging to said new waterworks, and to have

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violators of such ordinances punished on conviction thereof in the recorder's court of the city of Atlanta, by fine not exceeding $200.00 and imprisonment not exceeding thirty days, either or both in the discretion of the recorder, or other officer presiding at the trial of the case in said court. Corporate authority for police and sanitary purposes extended to all lands appurtenant to waterworks. Sec. 10. There shall be elected biennially on first Wednesday in December a mayor, who shall hold his office for two years. The mayor in all cases shall hold his office until his successor is elected and qualified, and in the event that the office of mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem., or in case his seat is vacant, a majority of council shall order a new election by giving at least ten days' notice in any one or more of the city papers, or at two of the most public places in said city; and said election so held shall be managed in the same manner as the elections to be held in chief, accordng to the provisions of this charter; provided, however , if the office of mayor shall become vacant at any time within three months of the expiration of his term of office the mayor pro tem. shall act as mayor during the balance of said term, and exercise all the rights and powers of mayor during said term. Mayor, election of. Sec. 11. The mayor shall be the chief executive of said city; he shall see that all the laws and ordinances of the city are faithfully executed; shall examine and audit all accounts against the city before payment; he shall have power to convene the council and administration board in extra session, whenever, in his judgment, the exigencies of the case require it. Executive powers. Sec. 12. The council shall be presided over by the mayor pro tem., except at the first meeting in January of

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each year the mayor shall preside over the council, and administer the oath to the newly elected members, announce the standing committees for the year, and then the council shall proceed to the election of a mayor pro tem. The mayor and the mayor pro tem., when presiding respectively over the council, as above provided, shall have no vote except in case of a tie. Within four days after the passage thereof the mayor, or, in his absence the mayor pro tem., shall approve, or veto, the resolutions, orders, ordinances, or other acts of the council, except the election of officers. In the event he fails to act, his failure shall act as an approval. The council may pass the said order, ordinance, or resolution notwithstanding the veto, by a vote of twothirds to be taken by yeas and nays, and entered on the minutes. Whenever it shall so happen that both the mayor and mayor pro tem. shall be absent or under disability, or in case both of said officers should be for any cause vacant, then, and in that case, the clerk shall call a special meeting of the council for the purpose of considering the same, and, if upon assembling, that body shall by resolution declare that said absence, disability or vacancy exist, then they shall immediately proceed to elect another mayor pro tem., who shall succeed to and exercise all the powers and duties of a chief executive of said city until the mayor, or previously chosen mayor pro tem. shall be in condition to resume and does resume the duties, or until the existing vacancy or vacancies, as the case may be, shall be filled in the manner pointed out by law. If the mayor pro tem. is absent from the meeting of council said body is authorized to elect a chairman to preside, his authority ceasing with such meeting. The oath to be taken and subscribed by the mayor and members of the council of the city of Atlanta, before entering upon the duties of their office, shall be as

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follows: I swear that I will faithfully and impartially demean myself as mayor or councilman during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the city government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor or affection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. The mayor, after being so qualified, shall have full power and authority to administer the oath of office to each member of the council. Mayor, mayor pro tem and council. Official oath. Sec. 13. Any officer found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the mayor and council of said city, shall be forthwith expelled from office, and forever disqualified thereafter from holding any position of honor, trust or emolument connected with the city government of Atlanta. Penalty for violating oath. Sec. 14. The legislative department of said city shall be vested in the mayor and council. Each ward shall be entitled to one councilman, who shall be elected from each of said wards, the election to be held on a general ticket and voted for by the qualified voters of the entire city, and the councilmen thus elected shall constitute the council. In all primaries held for the purpose of nominating candidates for councilmen, the election shall likewise be had on a general ticket and the candidates from the several wards voted for by the qualified voters of the entire city; provided , however, that in case of a vacancy caused by the death or resignation of a councilman, a ward primary may be held in

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the ward so represented, for the purpose of nominating a successor. Legislative department. Sec. 15. A councilman shall reside in the ward from which he is elected and shall be eligible to succeed himself for one term only. Councilmen shall have an annual salary of $300.00 each, and this compensation shall not be changed during the term for which they are elected. Terms and salary of councilmen. If a councilman removes from the ward from which he was elected, the fact or act of such removal shall thereby create a vacancy in such service. Seven (7) shall constitute a quorum of council for the transaction of business. In case a quorum does not attend, a less number may adjourn from time to time and compel the attendance of the absentees. Any two councilmen may give notice of a motion to reconsider the passage of any resolution or ordinance, which motion, in either case, shall operate to delay the question until same can be considered and acted upon at the next regular meeting. Each member of the council shall have the right to call for the yeas and nays and have same entered on the minutes. The regular sessions of the council shall be held on the first Monday in each month and continue from day to day in their discretion. Sec. 16. The mayor and council shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, workhouses, public houses, carriages, wagons, care of the poor, suppression of disorderly houses, houses of ill fame, and prevention and punishment of disorderly conduct and all conduct liable to disturb the peace and comfort and tranquility of any citizen, and every other by-law, regulation and ordinance that may seem to them proper for the security of the peace, health,

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order, good government and general welfare of said city and all the powers given to towns as set out in Section 696 of the Code of Georgia of 1895. Council shall be limited to exercise of legislative power and shall have no authority to perform or control the administration of the affairs of the city or the execution of the laws and ordinances, but the control and management and administration of the affairs of the city shall be vested in an administrative board as hereinafter provided, which board shall exercise all the powers heretofore exercised by the mayor and general council in the administration of the municipal affairs, and also the several boards and commissioners of the city which have heretofore controlled and administered the several departments of the city. Legislative powers of council. Sec. 17. The mayor and council shall have power and authority to prescribe by ordinance adequate penalties for all offences against the ordinances of said city and to provide that offenders may be punished by fines not exceeding $500.00 or imprisoned in the calaboose or city prison not exceeding thirty days or by sentence to work on the streets or public works of the city not exceeding thirty days, either one or all in the discretion of the recorder. Punitive powers of council. Sec. 18. All ordinances shall undergo one reading each at two regular or special or called meetings or at one regular and one called meeting, before adoption, except that by a two-thirds vote of the members present, an ordinance may be read twice at the same regular, called or special meeting and adopted. Ordinances, how adopted. Sec. 19. Neither the mayor nor any member of the council or of the administrative board or board of education nor any other city official nor committee of the city of Atlanta

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shall be interested, either directly or indirectly, in any contract, either through themselves or any corporation or firm or partnership of which they are either officers, directors, stockholders, agents or employees, when such contract has for its object the expenditure of the city's money in any way, whether same be for carrying on the ordinary business of the city or for extraordinary improvements. This prohibition covers contracts whether made originally with the mayor and administrative board or department of the city or with any contractor holding a contract with the city or any department thereof, and likewise prohibits any sub-contract therefor or the making of contracts for furnishing labor or material or both to contractors holding a contract for supplying the city with same either singly or in connection with the general contract. No official of city to be interested in any financial transaction of city. Sec. 20. Each member of the council shall, in all cases, hold his office until his successor is elected and qualified. Whenever a vacancy is caused in the council by death, resignation, removal or otherwise, such vacancy may be filled by a majority vote of the members of the council present at any regular or called meeting following the creation of such vacancy. The successor thus elected shall serve until the expiration of the calender year in which he is elected. If the term of the member, thus succeeded, extended beyond such year, then at the next regular election in the following December, a successor shall be elected by the qualified voters of the city, as in other cases, to serve the year of such unexpired term. Vacancy in council. Sec. 21. The terms of the present members of the board of aldermen and board of councilmen of the city of Atlanta shall cease and determine on the first Monday in January,

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1912, and on the first Wednesday in December, 1911, the council shall be elected, consisting of one member each from the ten wards of the city. From each of the wards having an odd number councilmen shall be elected to serve for one year, and from each of the wards having an even number councilmen shall be elected to serve for two years; thereafter their successors shall be elected for a term of two years. Council thus elected shall enter upon their service the first Monday in January, 1912, and serve for the terms for which they have been so elected or until their successors have been elected and qualified. The election of the ten members, herein provided for, shall be held in the same manner, as elections now held in the city of Atlanta, and the result declared by the mayor and general council as now provided. Election of councilmen and terms of office. Sec. 22. The administration and control of the affairs of the city shall all be vested in an administration board, hereinafter called the board consisting of five members, of which the mayor shall be ex-officio a member and chairman, and four other members, to be elected by the qualified voters of the city of Atlanta. The first election shall be held on the first Wednesday in December, 1911, and at this election four members of this board shall be elected from the city at large. This election shall be held and the result declared as now provided for holding and declaring elections in the city of Atlanta. The two members of the administrative board receiving the highest majority vote shall hold the office for four years beginning the first Monday in January, 1912. The two remaining members of said board shall hold office for two years beginning the first Monday in January, 1912. Thereafter there shall be biennially held, at the time and in the way now provided by law elections

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to fill the office of the retiring members of the administrative board. After said first election the terms of all members of the administrative board, except that of the mayor, who is ex-offico a member of said administrative board, shall be for four years and until their successors are elected and qualified. Each of the members of said administrative board must receive a majority of all the votes cast in the election. Should any one or more of them fail to receive such majority a second election shall be held within not less than ten nor more than twenty days for the purpose of electing by a majority of the votes cast, such of the candidates as did not in the first election receive such a majority. No vote shall be counted unless the vote is for candidates for all of the positions to be filled at said election. If at any election no candidate for the board receives a majority of all the votes cast, then the second election shall be held at which not more than twice the number of candidates as there are places to be filled shall be voted for, said candidates to be confined to those receiving the highest number of votes in the first election; and any subsequent elections to be held until all the places are filled by majority vote, shall be under the conditions as above provided for. The mayor and members of the administrative board shall each give their entire time to the duties of their respective offices and no person shall be eligible to the position of mayor or membership upon the administrative board who is directly or indirectly in the pay, service or pension of any public utility corporation or any business or interests controlled by any such public utility corporation, nor shall he become so interested or employed during his term of office. Administrative department or board. Election of its members. Sec. 23. All existing offices, to-wit, councilmen, aldermen, members of boards, commissioners, elective officers

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and appointive officers, except recorder and mayor, whether elected by vote of the people or by authority of the mayor and general council, or by any board or commission, or committee of said city, are abolished and the terms of all said officers shall cease upon the first Monday in January, 1912, and their successors shall be elected by the administrative board or appointed by the members of the board having charge of the department to which such offices belong, if the board or said member desire to continue same. Provided , that all officers elected by vote of the people, except aldermen and councilmen, and now serving their terms, shall be permitted to serve the remainder of their term, at the salaries they now receive, but, at the expiration of such terms, except the recorder, their successors shall be elected by the administrative board, or the particular member of the board to which said officers are assigned, if such officers are deemed necessary in the discretion of the board or said member. Any vacancies in such positions shall be filled by the administrative board and said board shall have and exercise all the powers and authority heretofore exercised by the different boards, commissions, committees, or by the general council in the administration of the different departments of the city and the officers and employees of the city shall be subject to the orders of the board or the particular officer in charge of the department to whom they are assigned. The positions of mayor and recorder are not affected by this Section, either as to tenure or salary, same being already prescribed in other sections of this charter. Provided , that this Section not effect the election of councilmen, which shall be had as hereinbefore provided. Tenure of present officers and powers of the administrative board. Sec. 24. Said powers shall be divided among the members of said administrative board and exercised by the following departments; Administrative departments.

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1. Department of public affairs and finances. 2. Department of streets, sewers and sidewalks. 3. Department of sanitary affairs, health and hospitals. 4. Department of public safety and lights. 5. Department of parks, public property and libraries. Sec. 25. After each regular election a member of the administrative board shall be assigned by said board to one of the departments designated in Section 24, but subject to be changed to some other department, by said board in their discretion. The mayor, who shall be ex-officio a member of said administrative board, shall have power to pardon any person convicted of offences against the city ordinances, or to commute the sentence of any person convicted of a violation of any of the city ordinances. He shall keep advised with reference to the conditions of each department and see that it is being honestly, properly, economically and efficiently conducted on business principles and to the complete exclusion of politics, without favoritism to any person or interest. He may bring to the attention of the administrative board or the public any matter with reference to any department or the way in which it is being conducted. The comptroller, marshal, clerk of council and the city attorney shall be elected by a majority vote of the administrative board subject to limitations in Section 23. The tax assessors shall be three in number and serve for a term of three years and shall be elected in the following manner, the administrative board shall nominate three men to fill these positions and these names shall be submitted to the council and confirmed or rejected by it. If any names are rejected, additional nominations shall be made by the administrative board untill three men have been confirmed by

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the council as above provided. This amendment shall be an exception to the other provisions of the charter providing that all officers shall be appointed by the administrative board to serve during their pleasure. The first nominations shall be for terms of one, two and three years so that said officers shall not have the same terms. Their successors shall be chosen for the full terms of three years. All other officers and employees necessary to carry on promptly and efficiently the affairs of the city shall be appointed by the member of the board assigned to the department in which such officer or employee is employed, namely, the department of public affairs and finance, the member of the board in charge of this department shall have the right and power to appoint the officers and employes necessary to perform the duties required in said department. The same rule shall obtain with reference to the department of streets, sewers and waterworks, department of sanitary affairs, health and hospitals, department of public safety and lights, and department of parks, public property and libraries. All officers and employees, whether elected by the administrative board or appointed by the member thereof in charge of the particular department, shall be elected and appointed without term to serve at the pleasure of the board, if the board selects, or of the member of the board in charge of the particular department if appointed by him, and the board, if elective, shall fix the salaries, and the member of the board in charge of the particular department where he appoints shall also fix the salaries or wages paid. When such officers and employees are discharged, as herein provided, there shall be no further claim for additional salary or wages. Assignments of departments to members of board. Mayor, powers of. Election or appointment of officers, agents and employees. Sec. 26. The member of said board to whom shall be assigned the department of public affairs and finances shall

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cause to be kept by the comptroller true and correct books showing in detail each amount paid out, to whom paid, when paid, and for which department, and in like manner the monies received, when and from whom. Said books shall carry accounts with each department, showing monies realized by such departments and the amounts paid out by such departments and these books shall be of such character as to enable each department to be accurately checked against all other departments and against the business of the city as a whole. He shall see that said books carry a complete stock inventory of all the property, both real and personal, of the city and what becomes of it. An annual stock taking shall be had in each department. The books shall carry a separate account of every appropriation made by the administrative board, the amount thereof, the date, the purpose for which it was made and the department to which it was allotted. Where payments are made for any cause, receipts shall be taken from the persons to whom paid, which shall show the amount, the department to which the payment belongs and the name and street address of the recipient. The original shall be kept of file in the comptroller's office subject to the inspection of the public. Monthly detailed statements of the receipts and disbursements of the city shall be made out, sworn to by the comptroller as being correct and filed with the clerk as a public document. After the first year the statements shall be comparative. Similar quarterly statements shall be made and sworn to and filed. After the first year the quarterly statements shall likewise show the comparative statement for the same period of time for the prior year. The monies collected shall be deposited in such local banks as may be designated by a majority of the administrative board. No money shall be paid out save upon a voucher issued by the

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Comptroller, upon a requisition by member of the board in charge of the department requiring said monies and all checks shall be signed by the mayor, or in his absence, sickness or disqualification, by the mayor pro tem., and countersigned by the Comptroller. Proper books shall be kept disclosing the property assessed and returned for taxation, which shall be opened on the first day of February of each year and closed on the 15th day of March following. All property subject to taxation shall be assessed at its fair cash value. Taxes shall be due and payable in three equal installments falling due respectively April 15, July 1, and October 15th of each year. If either of said installments is not paid when due it shall bear interest at the rate of seven per cent. per annum, and if not paid on or before the 15th of October of each year executions shall issue therefor. A discount of one and one-half per cent. will be allowed upon the total of annual taxes if paid on the date the first installment is due. A discount of one and one-half per cent. will be allowed upon the last installment if it is paid on or before the time the second installment becomes due. Department of public affairs and finances, how administered. Sec. 27. The department of streets, sewers and waterworks shall see that a full supply of fresh, pure water is furnished; to adopt such rules as may be necessary to maintain said system, to lay out, construct, repair or alter existing water mains; provide proper pumps, pumping stations, reservoirs, etc., as they may be required; fix the water rates, subject to the approval of the board, properly classifying the rates with reference to the amount of water consumed, so that each class shall be treated alike; keep books or memoranda disclosing to whom water is furnished, the amount furnished, and the amounts due by such consumers.

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It shall also be the duty of said department to take charge of, grade, pave, construct, maintain and repair all bridges, streets, public alleys, sidewalks, curbing and sewers that may be necessary. Said waterworks shall never be sold, leased or otherwise disposed of. Department of streets, sewers and waterworks, how administered. Sec. 28. The sanitary, health and hospital department shall have charge of all sanitary affairs, sewage, filtration plants, shall see that the streets and premises of the citizens are kept clean, care for the removal of garbage, night soil, the flushing of sewers, operation of crematories, management of the cemeteries and hospitals, and discharge such other duties as are now generally discharged by the present sanitary department, board of health and board of hospital trustees, or which properly comes within the scope of said department. Department of sanitation, health and hospitals, how administered. Sec. 29. The department of public safety and lights shall see that the laws of the city are promptly and efficiently enforced, and property in the city is protected against fire. Said department shall control the lighting of the city, designating the number and character of the lights and where they shall be placed. This department shall see that all ordinances and regulations relating to the construction, inspection and electrical wirings of buildings in said city are observed and enforced. Department of public safety and lights, how administered. Sec. 30. The departments of parks, public property and libraries shall have charge of all parks and parts of streets set aside as parks, public buildings and libraries and shall see that said properties are kept in good condition and in addition to above discharge such other duties as may be imposed upon this department by action of the administrative board. Department of parks, public property and libraries, how administered.

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Sec. 31. The schools shall be in charge of the board of education, composed of five members, to be elected by the council with the mayor as an ex-officio member. Their terms of office shall be for five years, except the mayor, who serves during his term; provided the first five members shall be elected for the following terms: Three shall be elected to serve for three years and two shall be elected to serve for two years, their terms of office beginning on the first Monday of January, 1912. The board of education shall have charge of the public schools of the city; supervise and select the curriculum and books and employ the superintendent and such assistants as may be necessary. The superintendent shall have supervision and control of the teachers. Teachers shall be selected by the board of education upon the recommendation of the superintendent under such rules and regulations as may be prescribed by the board. The board shall adopt and enforce such regulations as will improve, enhance and promote the schools, and shall serve without compensation. Board of education. Sec. 32. The sinking fund commission of the city of Atlanta now in existence is hereby retained, with the exception that the member of the board in charge of public affairs and finances shall take the place thereon of the chairman of the finance committee of council. All vacancies occurring on said sinking fund commision shall be filled by a majority vote of the administrative board from citizens of Atlanta possessing the qualifications now prescribed for members of the sinking fund commission. The powers and duties now possessed by said sinking fund commission are hereby conferred upon the said sinking fund commission as thus constituted. The mayor shall be ex-officio a member of the sinking fund commission. Sinking fund commission.

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Sec. 33. If a vacancy occurs by death, resignation or otherwise in the administrative board the remaining members shall at once elect a successor who shall hold office until the next regular election when a new member of said board shall be elected for the unexpired term. If no regular election is to be held within twelve months from the time of such vacancy then an election shall be called by the administrative board to be held within thirty days for the purpose of filling the vacancy. Should a majority of the board become vacant at the same time from any cause it shall be the duty of the council to call an election to fill said vacancies within thirty days and in the meantime until such vacancies are filled in an election thus called it shall be the duty of the remaining members of said administrative board to perform all the duties thereof. Vacancies on administrative board. Sec. 34. No person shall be qualified to serve as a member of the administrative board unless he shall have been a bona fide resident of the present territorial limits of the city of Atlanta and citizen of Georgia for five years and a duly qualified elector under the laws of the State of Georgia. Qualifications of members of administrative board. Sec. 35. Before entering upon the duties of office as a member of the administrative board, the several members thereof shall take and subscribe an oath that he will faithfully and impartially demean himself as a member of said board during his continuance in office and that he has not in order to induce his election to said office either directly or indirectly, expressly or impliedly, promised his vote or support to any person for any office or position in the city government of Atlanta or in any of the departments of said city. That he will not knowingly permit his vote in the election or appointment of any person to any position

Page 581

in the city government or any department thereof, be influenced by fear, favor, affection, reward or the hope thereof, but that he will, in discharging the duties of his said office be governed alone by his conviction of what is for the public good, preferring no class or private interests and without regard to the political or personal influence or private advancement of himself or anyone else. Oath of members of administrative board. Sec. 36. No member of said board shall be interested directly or indirectly, either individually, as the member of a firm, or as an officer of, or stockholder in, any corporation, in any contract for the purchase or sale of either realty or personalty by or from said city, or in any contract for the furnishing of either supplies, materials or labor to said city, or any department thereof, nor shall such person be interested either directly or indirectly, in the profits of such contracts or services, either as an original or sub-contractor, nor shall such person be interested in any of the street railways, gas works, electric lights, power plants, heating plants, telegraph lines, telephone exchanges, or other public utility dealing with or operating in said city, either individually, as a member of any firm, or as a stockholder in, or officer of any corporation, nor shall such person accept or receive, either directly or indirectly, from any person, firm or corporation, operating any public utility within said city, any money, article of value, pass, frank, free ticket or other service gift or compensation. Provided the terms of this Section with reference to free transportation shall not affect any existing or future contract between said city of Atlanta and any public utility corporation with reference to free transportation. Any violation of this Section shall constitute a misdemeanor and shall be punished by a fine of not more than one thousand dollars,

Page 582

or imprisonment for not more than three months, in the discretion of the Judge. Graft prohibited. Such conviction shall ipso facto terminate the office or position held by such person, and he shall not be qualified to hold any office or position with said city for ten years thereafter. Sec. 37. It shall be unlawful for any member of said Board to hold any other civil office, National, State, county or municipal, either with or without salary or emolument. A violation of this Section shall work a vacancy in his office; the fact of vacancy to be determined by the administrative board. Members of board can hold no other office. Sec. 38. The salary of the mayor from and after the first Monday in January, 1912, shall be six thousand dollars ($6,000.00) per annum and each of the members of the administrative board shall receive a salary of five thousand dollars ($5,000.00) per annum, all payable monthly. Each shall select, employ and fix the pay of such assistants and employees as may be necessary to promptly discharge the duties of his department, being governed alone and at all times by the purpose to administer such affairs promptly, efficiently and economically. No favoritism shall be shown any employee, nor shall any be selected or discharged because of present or past political affiliations or the hopes of future political support. Salaries. Sec. 39. No person shall be qualified to hold and discharge the duties of any office or position in the city government or in any department thereof, who is related to any member of the administrative board by blood or marriage within the third degree; provided , this disqualification

Page 583

shall not apply to persons in office prior to the election of the member of the board to whom they are so related. Relatives of any member of board disqualified for service. Sec. 40. No member of the administrative board, officer, agent or employee of the city of Atlanta shall receive any fees, perquisites or gifts of money or articles of value from any person, firm or corporation in connection with the discharge of his duties, other than the salary or wages allotted to him. A violation of this provision shall be a misdemeanor and punished as provided in Section 1065 of the criminal Code of Georgia of 1910. Salary or wages only compensation allowed for service. Sec. 41. The administrative board shall have the power to issue subpoenas, enforce the attendance of witnesses, the production of books and papers, to administer oaths and to generally investigate and determine all matters which may relate to the proper administration of the city's affairs for either of the departments coming under its administration. Powers of board in all matters of administration. Sec. 42. The administrative board shall have the right to require any employee of the city to give bond for the faithfull discharge of the duties entrusted to said employee and fix the amount of said bond. All bonds given by members of the administrative board or any other officer or agent specified in this Act or required by the administrative board shall be in a surety company authorized to transact business in this city as provided by existing laws, and all the said bonds shall lodged with the comptroller, except his bond, which shall be deposited with the mayor. Said bonds shall be payable to the city of Atlanta and conditioned upon the faithful performance of the duties of said office, agent or employee. The amount of bond to be given by each member of the administrative board shall be $25,000.00. Official bonds.

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Sec. 43. Every applicant for franchise, or for changes, alterations or additions in existing franchises, or for any right or permission to go upon, along, through, over or under any of the streets or other public places of the city shall file an application therefor, containing the terms and stipulations desired, in the office of the clerk of council, who shall immediately transmit same to the chairman of the administrative board, and it shall also publish the fact in the newspaper then publishing the city tax sales, for a term of seven days, stating the time when it will be heard by the Board, which time shall be fixed by the chairman. At such time or at adjournments had therefrom the board shall hear the applicant and any objections thereto, and if it grants same, shall frame the terms and conditions upon which same is granted. After said board acts, if favor ably, said application shall be transmitted to a regular meeting of the council and shall receive a majority vote of the council before same shall be granted; provided , that no franchise shall be granted for a term beyond thirty years. Franchises, how granted. The mayor shall have four days in which to approve or disapprove such grant, and if he disapproves same, the grant shall fail unless the grant is passed by the council, notwithstanding the mayor's veto, by two-thirds vote, taken by yea and nay vote and result thereof spread upon the minutes of the council. Sec. 44. No vote or resolution of the board having for its object the increase of the indebtedness of the city or authorizing the sale of any of the public property of the city or the granting of franchises for street railroads, or other railroads, or telephone companies, or telegraph companies, or electric or gas companies, or any similar franchises where the streets or public alleys are to be used for

Page 585

any purpose in the transaction of the business of the company seeking the franchise shall be granted until the same shall receive a majority of the votes of the board and council, acting separately, taken by a yea and nay vote and the result spread upon the minutes. Concurrence of board and council required to increase debt of city or to grant a franchise. Sec. 45. The board shall have a stated time for meeting and shall be public and the clerk of council shall act as clerk of the board and keep a record of its proceedings. Meetings of board. Its clerk. Sec. 46. The board shall have power to exercise supervision and control over all cemeteries contiguous to the city and used by citizens for interment, whether located within the city limits or not, so as to allow no burial within same without a permit from the city authorities. Control of cemeteries. Sec. 47. The council is authorized and empowered to appoint three or more election managers for each ward, who shall hold all elections, held under authority of the charter ordinances of the city. They shall be freeholders and all vacancies thereof shall be supplied by the board. Said managers shall conduct the elections in accordance with the charter and ordinances of the city and supervise the details thereof and pass upon the qualifications of voters and have such clerks as the board may provide therefor, and the managers and clerks shall receive such compensation as the board may fix. Election managers. If, at the time the polls open a majority of the managers fail to attend, any one or more of the managers may supply the vacancy from any freeholder of the city and proceed to hold the election, as if all managers were present. Furthermore, if no managers attend any three freeholders of the ward may hold the election. Absence of managers.

Page 586

The election managers shall take an oath to conduct the elections fairly and impartially and shall make all returns to the myaor and council, who shall consider and declare the results and try all cases of contested elections. The board is authorized to establish two or more voting places in each of the several wards of the city. Voters shall vote in their respective wards. Any person voting or attempting to vote more than once in any city election or municipal primary shall be deemed guilty of a misdemeanor and on conviction shall be punished as provided in Section 1065 of the criminal Code of Georgia of year 1910. Oath of managers Voting places. Illegal voting. Sec. 48. The mayor and council shall have full power and authority to provide for the registration of voters prior to any municipal election in said city, to make all needful rules and regulations for same, and require that no person be permitted to vote unless registered, to constitute and appoint the tax collector of Fulton county to the office of registrar of said city. His compensation as such registrar shall be fixed by the board, and when he is so appointed said board shall require him to perform the duties of said office. Registration of voters. Sec. 49. It shall be within the power of the council upon a two-thirds vote thereof in a public session held and regular meeting thereof, and which vote shall be approved by the acting mayor of the city, to call for the recall of any particular member of the administrative board. Said resolution upon which said vote shall be taken by the council and approved by the mayor, shall state specifically and plainly the member of the board whose removal is desired and the cause for removal. If the mayor vetoes the action of council, same may be passed notwithstanding the mayor's veto by a two-thirds vote of council. Whenever by a yea and nay vote two-thirds approve such resolution which is

Page 587

endorsed or approved by the mayor, (if the mayor vetoes this action it may be passed over the veto by the council by a two-thirds vote), there shall be forthwith called not within thirty days nor more than fifty days a general election by the registered voters of the city of Atlanta. At said election the question shall be submitted whether the member of the administrative board who is the subject of said resolution shall retain his office or a successor be chosen thereto. A majority of the votes cast shall determine said question. The member of the administrative board shall be an eligible candidate to succeed himself. The election thus held shall select the member for that department. Recall of a board member. Sec. 50. For the purpose of raising revenue for the support and maintenance of said city government, the said mayor and council shall have full power and authority, and they shall provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the incorporate limits of the said city, subject to taxation, on February 1st of each year, which date is fixed as the taxing day for said city, not exceeding one and one-fourth per cent. thereon, which shall include the school tax, which, under the laws of this State, is subject to taxation. Ad valorem tax. All persons liable to perform road duty by the laws of the State shall be liable and subject to work on the streets of said city; provided , that the mayor and council of said city shall have power to levy a street tax in lieu thereof. Street tax. All persons, who shall refuse to pay said tax on or before such day as said mayor and council, by ordinance, may require, shall be required, upon three days' notice, to do

Page 588

and perform street work, as aforesaid, and upon failure thereof, such defaulter shall be liable to be dealt with by the recorder as for violations of other ordinances of said city, or may be compelled to work on the public works of said city. Defaulters. In addition to the ordinary tax herein allowed, the mayor and council, in case of emergency, to be judged by them, may levy an extraordinary tax, not exceeding one-half of one per cent. (on the taxable property of said city), the said extraordinary tax to be added to the ordinary tax, and collected at the same time, and used for the same purpose. Extraordinary tax. Sec. 51. The mayor and council shall have full power and authority to require any person, firm or corporation or company, engaged in, prosecuting, or carrying on, or who may engage in, prosecute, or carrying on any trade, business, calling, avocation or profession, to register their names and business calling, avocation, or profession annually, and to require such person, company, or association, to pay for such registration and for license to engage in, prosecute, or carry on such business, calling or profession aforesaid, such fee, charge, or tax, as said mayor and council may deem expedient for the safety, benefit, convenience, and advantage of said city, said tax, registration fee, or license herein provided for shall not exceed the sum of three hundred dollars. Business tax. Said mayor and council are hereby given authority to classify business, and arrange the various business, trades, and professions carried on in said city, into such classes of subjects for taxation as may be just and proper; provided , that nothing herein contained shall be construed to

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authorize the levy of a tax upon any profession not taxable under the general tax Act. Classification of business. Said mayor and council are hereby authorized to provide for a special tax on all vehicles using the streets of the city, whether used for pleasure or business, of such amount as may seem reasonable and just to them and to be created in such manner as may be fixed by ordinance. Tax on vehicles. The mayor and council of said city are hereby empowered to charge a license fee or tax upon all insurance agents, including all companies for whom they do business, of one per cent. on all premiums received by or sent through the offices in said city. Tax on insurance companies and agents. The said mayor and council shall have the power to levy and collect from itinerant traders, who may directly or indirectly, by themselves or others, sell any goods, wares, or merchandise in said city, such tax as to them may seem proper. Tax on itinerant traders. They shall have the power to license pawn brokers within their respective jurisdiction, define by ordinance their powers and privileges, to impose taxes upon them, to revoke their licenses and generally to exercise such superintendence over pawn brokers as will insure fair dealing between them and their customers. Tax on pawn brokers. The said mayor and council shall have power to pass such ordinances as they may think proper in regard to granting license to theatrical companies or performances, or for shows, or for other exhibitions; provided , the price to be paid for such license when granted shall not exceed five hundred dollars for each performance or exhibition. License to theaters and shows.

Page 590

They shall have full power and authority to license billiard tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming, or renting, and all ten-pin alleys, or alleys of any kind, which are kept or used for the purpose of playing or with pins or balls, or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars on each table, alley or track. License to billiard tables, etc. The mayor and council of said city are hereby authorized to make an assessment of the various lots of land and lot owners in said city for sanitary purposes, not to exceed three dollars per annum on each lot assessed, and said mayor and council are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city. Sanitary tax. Said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided , not lot shall be less than twenty-five feet front; provided , that this assessment shall not be made on vacant lots, and resident lots shall not be sub-divided for assessment except where the resident lots have two or more houses used or intended for use as separate tenements built upon them, or apartment houses, in which case a sanitary assessment may be levied against the lot for each house situated thereon, or against each apartment. Sanitary lots. The mayor and council shall have power and authority to license the sale of any and all spirituous or malt liquors

Page 591

and to regulate the sale thereof when not contrary to the statute of this State. Sale of liquors. The mayor and administrative board are hereby authorized and empowered to construct a sanitary system of sewage, that is, sewers for the drainage of sewage matter alone, either as complete system or in sections, from time to time, as the interests of the city may require in the judgment of the mayor and said board. When so constructed, the mayor and council of said city may, and it is hereby made their duty to levy assessments for the costs of the construction of other sewers in said city. If said assessments are not paid execution shall be issued therefor and collected in the same manner as is provided for the collection of other sewer assessments. System of sewage. Sec. 52. The commutation tax in lieu of road or street duty provided for in said charter shall fall due with second installment of property taxes in each year, and in case of failure to pay such commutation tax, execution may issue and be enforced as from the 15th day of July in each year, and parties, who have not paid such commutation tax, and who are liable to road duty, may be compelled to work the streets in the manner provided for by the charter and ordinances of the city of Atlanta at any time after the 15th day of July in each year. Commutation tax, when payable. The mayor and council are further authorized in their discretion to prescribe and collect fees for the issuing of business licenses or execution, either or both, and for the collection of executions, and to provide for the covering of all such fees so prescribed and collected into the treasury of said city as the property of the city of Atlanta. Fees for licenses.

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Sec. 53. It shall be the duty of the assessors to assess the value of all real estate and personal property subject to taxation, in the city of Atlanta, on such basis as is fair, just and in the proportion that it bears to the true market value of the entire property, both real and personal, within the city of Atlanta, subject to taxation. The tax assessors shall enter their assessments of real property on field books, or some appropriate method of record. Such entries shall show the dimensions of the lots assessed, the adjacent owners, whether the assessed lots are vacant or improved, and, if improved, the character of improvements, giving the street number of the house or houses on such lots, if any, and furthermore said tax assessors shall carefully investigate, personally, each tax return delivered to them by the chief clerk in the tax office and shall thereupon fairly assess such personal property, upon their examination of such returns of personalty as well as upon all other information which they may be able to secure thereon. Assessments for taxation basis of. Sec. 54. The administrative board shall elect a chief clerk for the tax office. Such chief clerk shall have charge of all tax returns and, in connection with such assistants as said administrative board may provide, is empowered to receive tax returns of all realty or personalty subject to taxation by the city of Atlanta, and he and his assistants are given the power to administer oaths to the person or persons returning same, and he and his assistants shall perform all the duties heretofore exercised by the assessors and receivers in receiving such returns. Such chief clerk and his assistants shall carry out and perform such other and further duties as may be imposed upon them by ordinance or by the administrative board, and it shall be their duty to secure adequate and just returns of all property in said city subject to taxation. Said chief clerk and his assistants

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shall deliver into the possession of the tax assessors all returns of personal property and shall enter upon the tax digest such returns together with all assessments of real estate and said tax digest shall be so arranged as to contain all the property of each tax payer of the city after the full value of same has been finally assessed and approved by the tax assessors as above provided. Chief clerk for tax office and assistants, duties of. Any tax payer feeling aggrieved at the assessment of his or her real or personal property, may file a petition with the administrative board, setting forth, under oath, all the property, real and personal, owned by said tax payer and subject to taxation by the city, at its true market value as well as giving the assessment thereon by the tax assessors. Said board shall have a hearing thereon, after giving notice of the time and place of such hearing, to the petitioner as well as to the tax investigator or other persons which said Board desires to be present, and also to the tax assessors. At said time and place, the Board shall investigate all the facts relating to said tax payers' return and, after such investigation, shall order same reduced or raised or approved, as said board may find to be just, fair and reasonable, and these findings shall thereupon be held final for the year for which such assessment was made. At such hearings the Board may provide for the protection of books, papers, etc., necessary for full investigation, also to issue subp[UNK]na duces tecum to any tax payer requiring production of all his books, papers, policies, etc., in order that time values may be ascertained. Complaint against assessments, how made. Sec. 55. The board shall provide a system of appeal from the tax assessors by which any tax-payer of the city of Atlanta who feels that any return made by any tax-payer is false, fraudulent or inaccurate, or that the assessments

Page 594

upon any piece of real estate of such tax-payer is unequal or that the assessment upon the personal property of such tax-payer is unfair or unequal, may in writing, make complaint to the board. When such complaint is filed, the same shall set forth the exact property claimed to be improperly assessed or incorrectly returned and shall, furthermore, state in what respect such assessment or return is unfair, inadequate, or otherwise improper. Upon receiving same, the board shall at once refer the claims to the tax investigator, or some selected employer, who shall investigate the complaint fully and ascertain all the facts surrounding such return as set forth in the complaint, comparing the allegations of the complaint with the returns or assessments complained of. After this, he shall make a return of his findings, together with the complaint, to the board. The board shall proceed at once to consider the complaint and the result of the investigations aforesaid. If such return is, in the opinion of said board unfair, inadequate or incorrect in any respect, they shall correct same in accordance with their best judgment and order the record of the assessment to be changed to conform with their findings. System of appeal from tax assessors. Sec. 56. The tax collector shall collect the tax of said city under such rules and regulations as may be prescribed by administrative board and shall perform such other duties, in connection therewith or incident thereto, as may be prescribed by order of said board. Tax collector. In all cases of failure to return property, real, personal or otherwise, for taxation by the 15th day of March of each year, a penalty of ten per cent. shall be added to the value of the property of such defaulting owners, for taxation, ascertained by the return of the previous year or

Page 595

otherwise; and by failure or return by the 15th day of March of each year, for street, railway, or capitation tax, the penalty shall be double tax. Failure to make tax returns; penalty. The board shall have power to relieve against the penalty for failure to return within the time provided, where the failure and omission are due to unavoidable or sufficient cause. Relief from penalty. Notice of the time of closing the books for receiving returns shall be published in any one or more of the daily papers of said city, for at least four insertions, between the 1st and 15th of March of each year, and oftener, if deemed necessary by the board. Close of books for receiving returns. Sec. 57. Deeds made by the city of Atlanta or its mayor or its marshal pursuant to tax sale or sales under executions issued for the collection of local assessments, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due the State and county; provided , that it shall be competent for parties denying the validity of such tax deeds or assessment deeds to put in evidence the proceedings preliminary to the execution of such deeds. The purpose of this is to give city tax deeds and city assessment deeds the same prima facie force and validity which is accorded to tax deeds made by officers of the State and county. Deeds under tax sales. Sec. 58. Upon the return of the assessors being completed, the administrative board, at the first regular meeting in June of each year, shall cause an estimate to be made up and entered on the minutes, showing the gross amount of the income of the city for the fiscal year, ascertained by assessment of a tax not exceeding one and onefourth per cent. on the taxable property of the city, and

Page 596

a reasonable estimate of the other taxes and sources of revenue, and shall apportion and set apart the same to such departments and to such number of departments or heads as may be deemed requisite, and the name, number, and order of departments or heads for appropriations may be changed by the board; which several sums taken in the aggregate shall not exceed the amount of income from all sources for the year in question. Both the first and second estimate shall be filed in the clerk's office subject to public inspection and copies thereof shall be furnished to the press upon request. Apportionment of annual income to departments. The annual appropriations, as made by the board, may be varied as to the amount distributed to the several heads at the first meeting held in October; these variations not to react on expired quarters and not to enlarge in any manner the aggregate appropriations for the year. Variations in appropriations. The said mayor and members of the board shall be individually liable to the city for the refunding of any amounts appropriated or expenses in excess of said limits, when present at the voting of the same, except such of them as escape such liability by calling the yeas and nays, and voting in the negative, the name entered on the minutes. Liability of council and board. Sec. 59. The annual expenses of the city of Atlanta shall be so restricted as not to exceed the annual income of the city, after paying interest on its bonds and floating debt. The administrative board shall have full power and authority, in their discretion, to negotiate loans on the most advantageous terms to said city, to supply and make up any deficiency that may exist, of the funds in the treasury, for the purpose of paying the expenses of the city, which may be incurred under the several heads hereinbefore mentioned,

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in any amount not exceeding $400,000 and not exceeding the amount set apart under each head for the year in question; and provided, further , that as soon as an amount equal to the amount so borrowed is paid into the treasury by taxation, or from other sources of revenue, not already applied to other debts or liabilities of said city, the board shall at once apply the same, or as much as may be necessary, to the repayment of said loans, or said board shall be authorized in their discretion to make partial payments upon said loans with any moneys that may come into the treasury from time to time, under the restrictions herein provided. In either case the total amount of said loans shall be repaid out of the income of the year in which said loans were made. All contracts entered into by said board, contrary hereto, for the purpose of raising money, or otherwise engaging the credit of said city, shall be null and void as to said city, but the said mayor, if he approve, and all members of the board, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts, which may be enforced against such mayor and members of the board, in any court of this State having jurisdiction thereof. Expense and income. Loans. Said board is hereby authorized to expend and use any excess in the receipts of the city for any year over the amount appropriated for such year; provided , that such expenditure shall in no case exceed the actual cash receipts for such year. Receipts in excess of appropriations. Sec. 60. The mayor and council of said city are hereby authorized and empowered to cause the issue of new coupon bonds of said city to meet and retire all bonds of said city now outstanding as the several installments thereof

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shall hereafter, from time to time, mature and fall due; said new coupon bonds to be in such form, to run for such length of time, and to bear such rate of interest, not exceeding four and one-half per centum per annum, as the said mayor and council may direct and the proceeds to be applied only for the purpose of paying off and retiring any bonds of said city now outstanding as the same mature. New bonds for outstanding bonds. Sec. 61. The mayor and council of said city of Atlanta are hereby authorized and empowered to provide for and regulate the registration of bonds of said city, with the treasurer of said city, in as full and ample manner as is provided by the laws of this State for the registration of bonds in this State. Said mayor and council shall have the power to prescribe the manner in which bonds of said city which have been registered may be transferred or negotiated. Registration of bonds. Sec. 62. Said mayor and council may provide for the issuing of registered bonds of said city in lieu of any bonds authorized to be issued in pursuance of this charter, and in lieu of any coupon bonds of said city heretofore, or that may hereafter be issued by said city. Said registered bonds shall be similar in all respects to the bonds to the authorized to be issued by said city under the Acts respectively authorizing the issue of the same, except that registered bonds under this Section of this Act shall not be coupon bonds, and the principal and interest shall be payable only at the treasury of said city. Said bonds registered under and by virtue of this Section shall be transferable on the books of the treasurer of said city, in the manner in substance provided for the transfer of the bonds of the State of Georgia, authorized to be registered by the third Section of an Act approved September 5, 1887, and which Act provided

Page 599

for the issue, registration, etc., of the bonds of the State of Georgia. Registered bonds. Sec. 63. The city shall hereafter issue and sell bonds under the provisions of the general laws of the State, and where an issue of bonds is desired and the purposes thereof are legal and the amount proposed is not in excess of the constitutional limit, the mayor and council shall call an election therefor by ordinance observing as to notice, time, place, and manner of election, voting and declaring the result and all other formalities as provided by law the general laws governing the same. Elections for bonds. Sec. 64. The administrative board shall have full power and authority to lay down sewers and drains in said city. All work of laying down or constructing sewers or drains shall be done under the direction and supervision of the officer designated by said board. The said officer shall furnish to the said board information and advice as to the necessities of any particular for sewerage, the kind of sewerage that may be desirable, with estimates of the cost of same, and shall furnish plans and profiles and such other like works as may be necessary and proper. The council shall have full power and authority and it shall be their duty, to assess the amount of the cost of laying and constructing the same upon the real estate abutting on streets through and along which sewers and drains may be placed and constructed, and upon any real estate through and upon which the same may be constructed or placed. Amounts of assessments on real estate for constructing sewers may be collected by execution, levy and sale, as in street assessments. The construction of all sewers under this charter shall be provided for by order of the administrative board. A notice of this order of the same shall be published in one

Page 600

or more of the daily papers of the city, such notice shall contain a statement of the line along which the proposed sewer is to be laid, and a statement of the general character, material and size of such sewer. Said notice shall be published at least as many as ten days before the adoption of such order, and said order may be adopted at the next meeting after its introduction or at any subsequent meeting after said notice has been published. Substantial compliance with the above requirement as to notice shall be sufficient. Sewers and drains. Sec. 65. Said board is authorized to construct and lay down sewers through private property in said city, and the council must assess the cost thereof as above provided. Sewers through private property. Sec. 66. In all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of seventy cents per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street in which said sewer is laid or constructed, and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The remaining cost of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year. Assessments for sewers. Sec. 67. Power and authority is hereby given the mayor and council of the city of Atlanta in addition to assessing the cost for the construction of sewers in streets upon abutting property owners as now provided, to assess and collect from abutting property owners the cost of extending such sewers for purposes of connection to the property line, at the time such sewers are laid. The cost of such

Page 601

extensions shall be added to the cost of the construction of the sewer as now provided by this charter and the total cost thereof shall be assessed against such abutting property owners and collected in the same manner as is now provided for the collection of sewer assessments against abutting property owners by this charter. Extension of sewers. Sec. 68. In case any such sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like sum of seventy cents shall be assessed upon such property abutting on each side of said sewer for every lineal foot, making in all one dollar and forty cents for every lineal foot, to be assessed upon such property, through which the sewers are constructed as aforesaid, and, in consideration of the payment of said assessment, the owner of said estates respectively on each side of said sewer, through or over which such sewer may be constructed, shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. Connections with sewers on private property. Sec. 69. The extent and character, material used and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the administrative board of said city and to be prescribed from time to time by their order and upon like notice and in the same manner, and the assessments laid and enforced by execution, levy, sale, or otherwise, as in case of ordinances and assessments for the paving of streets in said city, except that sewers hereby authorized may be constructed with or without petition by property owners, where, in the judgment and discretion of the said board the public health and good of the city shall require. Discretionary powers of board in re sewers.

Page 602

Sec. 70. The defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so received shall be returned to the Superior Court of Fulton county, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. In case of real estate situated on street corners and having frontage on two streets, the owner and the real estate thus situated shall be assessed for the frontage on the street in which the sewer is first laid, and when a sewer is laid on the other street, seventy-five feet of frontage shall be exempt from assessment on the owner and real estate of the last named sewer. Assessments for sewers, how denied. Sec. 71. The amount of such assessment for sewers on each piece of real estate shall be a lien on said real estate from the day of the passage of the ordinance making the assessment. Lien of assessments. Sec. 72. The mayor and council of the city of Atlanta shall have power and authority to provide by ordinance for the collection of assessments for the construction of sewers in installments running through a series of years to be fixed by such ordinances in all cases where the construction of said sewers is performed by a contractor or contractors; provided , that the administrative board shall not have power and authority to incur indebtedness to be paid by the city from its treasury on account of the construction of such sewers, which indebtedness is not to be paid in the year in which it is contracted. Collection of assessments.

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Sec. 73. For the preservation of all sewers in said city for the public use and easements aforesaid, the said board shall have the authority to direct and control the time and manner in which connections shall be made with such sewers and by whom the work is to be done and upon what terms and conditions, and at what point and to what extent surface water or other drainage shall be permitted to flow into sewers, and generally all matters relating to the use and control and repairs of sewers and sewer connections, and replacing of paving and other adjacent structures in good condition, shall be at all times under the regulation and control of said board in its fair and legal discretion. Protection of sewers. Sec. 74. Said board of said city shall be authorized to provide by order or resolution of that body, from time to time, for the adoption and enforcement of additional and suitable regulations in said city, such as may be needful and proper on the subject of drainage, sewerage, plumbing, and all that is or may be needful from improved sanitation, and to provide agencies and means for carrying out enforcement of the same through its officers, and to make all necessary inspections, to withhold authority and license for plumbing to any but competent persons, and to do all else that is or may be needful to require compliance by individuals with the rules thus adopted, and shall have power to make alterations and amendments thereto, as from time to time may be needed. Sanitary regulations. Sec. 75. The said board of the city of Atlanta are hereby authorized, in their discretion, to lay out and construct sewers, of whatever form, fashion, and material as in their judgment may be proper, safe, and sanitary without the limits of the city of Atlanta, as well as and to as full an extent as now authorized within the limits of said city,

Page 604

and they are further authorized and empowered in their discretion to prepare, construct, and operate plants, means or methods or whatever system, in their discretion is best for the disposal of sewerage matter, and said plants, or systems or methods may be constructed and operated without the limits of the city of Atlanta as well as within the limits of said city in the discretion of said board. Discretion of board in re sewage system. Sec. 76. Power and authority is vested in the administrative board of said city to condemn land, leases, and all other interests in real estate whereby possession and title to lands, and as much thereof as may be necessary may be procured by said city for the construction of sewers as above provided, as well as plants, means or methods for the disposal of sewerage matter, all as above provided within or without the limits of the city of Atlanta in whatever direction and to whatever extent it may be deemed necessary and proper within the discretion of said board. Nothing in this Section contained shall authorize said city to establish any of the plants or works therein mentioned within the county of DeKalb except with the consent of the County Commissioner of DeKalb county and upon terms to be agreed upon by him or his successors in office except as to lands within the corporate limits of Atlanta. Right of condemnation for sewage plant or system. Sec. 77. The said board shall have full power and authority to open, lay out, to widen, straighten or otherwise change streets, alleys and squares in the city of Atlanta or to abandon or vacate one or more of same under order providing therefor. Streets. Sec. 78. Whenever it is proposed that any property be taken for public use under authority of said city in any department thereof, whether for streets, sewers, waterworks

Page 605

or any public purpose and the same shall be assessed or a price fixed or award made as provided by law, it shall be optional with the city government to decline accepting the property should the price thus fixed or award made be deemed by the said board to be too high or unreasonable. Optional with board to accept or refuse awards in condemnation proceedings. Sec. 79. The said board shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as they may deem proper. Any person or corporation owning real estate in said city, within three-quarters ([UNK]) of a mile of the Union depot desiring to improve the same, shall possess the right to have the grade of any street, bordering on the same, permanently established, by complying with the following conditions, to-wit: The owner, his agent or attorney, shall make an affidavit stating the ownership and description of the property, that it is intended to make improvement on, either fencing or building, or otherwise; that such improvements are to cost above the sum of one hundred dollars, and that he desires to have the grade of such street or streets established. A copy of such affidavit shall then be served on the mayor, whose duty it shall be, within thirty days thereafter, to cause to be made the necessary survey and have fixed the grade of such street and cause a plat or profile to be made showing the same, and cause same delivered to the applicant, and upon the same being filed in the office of the Clerk of the Superior Court of Fulton county for record, the owner shall thereupon have a vested right in such grade, and shall be entitled to recover damages from the city for any injury done to said property, should the city thereafter alter such grade; such damages to be ascertained, recovered and paid in the manner in which the laws and ordinances in force at the time may provide for ascertaining, recovering and paying damage done to property

Page 606

in laying out or widening streets. In case the owner of any real estate in said city desires to have the grade fixed, as aforesaid, for any reason other than a purpose to make improvements on the same, he shall make his application, in writing, not under oath, to the mayor, but need not incorporate any reason therein, upon which all subsequent proceedings shall be the same as above set forth, such written application taking the place of the affidavit provided for in the foregoing Section of this charter; provided , that when the party proceeds by written application, not under oath, as aforesaid, the authorities of the city shall have six months instead of thirty days, in which to make and return the survey aforesaid. System of grading and draining streets. Sec. 80. The administrative board of the city of Atlanta shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets and public lanes and alleys of said city and to construct sidewalks and pave the same; to put down curbing, cross-drains, crossings, and otherwise improve the same. Sec. 81. They shall have full power and authority to order such pavements or sidewalks laid down as they deem proper. Upon failure of any person to comply with the same within the time prescribed the said board may have the same done, and levy and collect the expense thereof by execution against the lands and goods and chattels of the owner of the lot or lots. In order to fully carry into effect the authority above delegated, said council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abutting on the street,

Page 607

and on the side of the street, on which the sidewalk is so improved. Assessments for street improvements. Sec. 82. The mayor and council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of street so improved in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street. The mayor and council shall also have full power and authority to assess two-thirds of the cost of grading, paving, macadamizing, constructing, side-drains, cross-drains, crossings, and otherwise improving the right-of-way, or street proper, on real estate abutting on each side of the street improved. One-third of said cost to be so assessed, as herein provided, upon the real estate abutting on one side of the street thus improved, and one-third of said cost to be assessed, as herein provided, upon the real estate abutting on the other side of the street so improved, in this way making up two-thirds of the cost to be assessed against the abutting property owners, as above provided. System to equalize assessments for street improvements. Sec. 83. The mayor and council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of street so improved in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street. System to prorate cost of street improvements. Sec. 84. In order to exercise the authority as to paving the streets or roadways conferred upon the administrative

Page 608

board, it shall be necessary that the owner of at least one-half the real estate abutting on the street or portion of the street to be macadamized, paved, or otherwise improved, in writing petition to the said board to make such improvements, such petition in no case to be gotten up by paving contractors, and the work petitioned for shall have the approval of the chief of construction, or other officer designated to act as engineer, who shall also furnish a statement of its estimated cost. Upon the filing of such application, the said board shall cause a notice of the presentation of said petition, and of the time and place when the same will come up for consideration and action, to be published in one of the daily papers published in said city, at least ten days before an order shall be passed based on said petition. When the petition comes up for action, opportunity shall be given to all persons interested to advocate or oppose the granting of the petition. An order shall be passed directing the said work to be done. In all cases where the petition appears to be signed by sufficient frontage to authorize the passage of the order and the said board determine that it is sufficient to authorize the passage of the order, which determination shall be evidenced by the passage of the order and the work is executed thereunder and notice has been published as hereinbefore provided for, the determination of the said board as to the sufficiency of the petition shall be final as to the rights and interests of all persons or corporations interested, who have not prevented the execution of the work by an injunction or other appropriate legal or equitable remedy before it is commenced. Petitions for street improvements. Sec. 85. The said board shall have as full power to repave any street or alley or portion of such street or alley, upon like petition, and after proceedings as to levy and collection of assessments therefor as in cases of original

Page 609

paving provided for under this charter, whenever in the judgment of said board the paving originally laid on such street or portion of street or alley is worn out to the extent that it is no longer useful as a good pavement. Power to repave. Sec. 86. This work may be done under the immediate direction of the administrative board, or through the medium of contractors, each piece of work to be separately contracted for; but all assessments shall be levied by ordinance of the council. Work, how done. Sec. 87. The material to be used in paving or otherwise improving streets shall be such as the administrative board shall select in each case. Materials for street improvements. Sec. 88. The administrative board of said city are authorized in their discretion to grade, pave, macadamize, and otherwise improve for travel and drainage, the streets and alleys not exceeding four squares thereof, which connect to other streets already improved, upon the petition of abutting owners having less than one-half and not less than one-third frontage, the same to be done in the manner prescribed by this charter, the cost thereof to be ascertained, paid for, and payments enforced by assessments by council in like manner as is or may be provided by law and ordinance of said city in other cases. Improvement of streets which connect with streets already improved. Sec. 89. The administrative board of said city are authorized in their discretion, in addition to the powers conferred to the above recited Section, to grade, pave macadamize, and otherwise improve for travel and drainage, streets and alleys in said city, not to exceed four squares of any street or alleys, a portion of which street or alley is already paved or macadamized or otherwise improved, when

Page 610

such improvements by paving, macadamizing, or otherwise will connect a portion or portions of such street or alley already improved, or will connect an improved portion of such street or alley with another improved street or alley, upon the petition of abutting owners having less than one-half and not less than one-third frontage on the street or alley, or portion of the street or alley, the improvement of which is petitioned for, the same to be done in the manner prescribed by preceding Sections, the cost thereof to be ascertained, paid for, and payment enforced by assessments passed by ordinance of council in like manner as is or may be provided by law and ordinances of said city in other cases. A street partially improved may have improvement extended to an improved street. Sec. 90. The amount of assessment on each piece of real estate shall be a lien on said real estate from the day of the passage of the ordinance making the assessment. Lien of assessments. Sec. 91. The lien given by existing law to the city of Atlanta for assessments upon abutting property, and also upon the property of street railroad companies, for street or sidewalk paving or curbing, or the constructions of sewers, shall have rank and priority of payment, next in point of dignity of the liens in favor of the city of Atlanta for taxes due said city, such lien and priority of payments to exist from the date of the passage of the ordinance assessing the cost of the work in each case. Rank of liens. Sec. 92. The administrative board of said city shall have authority to enforce the collections of the amount of any assessments so made for work either upon streets or sidewalk, by execution to be issued by the clerk of council against the real estate assessed, and against the owner thereof, as the date of the ordinances making the assessment,

Page 611

which execution may be levied by the marshal of said city on such real estate, and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and such sale vests title in the purchaser as in case of tax sales; provided , that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and specifying fully the grounds of such denial of liability, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Fulton county, and there tried, and the issue determined as in cases of illegality for delay; provided , the judge of said Superior Court shall have authority to dismiss any such affidavit of illegality for insufficiency before the time, when the same would regularly come up for trial. Collections for street improvements, how made. Sec. 93. At all sales of property hereafter made under execution made in behalf of the city for the collection of stret, sewer, and other assessments, the owner or owners, as the case may be, shall be authorized to redeem the same within the same time, on compliance with the same terms, and the payment of same premium, interest and cost as in cases of redemption of property where sold under tax fi. fa. or fi. fas. as now is, or from time to time may be, provided by law. Property sold under execution for street improvements, how redeemed. Sec. 94. The administrative board is hereby authorized and empowered, in their discretion, to pave or repave any of the streets or portions of streets or public places of the city with broken stone or chert, or chert and macadam, or similar pavement; providing , the assessment upon abutting

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property owners will not exceed the sum of thirty (30) cents per front foot on streets thirty feet in width; forty (40) cents per front foot on streets forty feet in width, and fifty (50) cents per front foot on streets fifty feet in width, without petition therefor, by said abutting property owners, the laying of this character of street pavement being left entirely to the discretion of the said board; provided , that any resolution seeking to pave a street or public place with the pavement above described shall not be passed when first introduced, but shall thereupon be filed, and the clerk of council shall advertise same one time in the daily newspapers of the city at least ten days before the final passage of said resolution, such advertisement giving notice of the introduction of such resolution, the street, public place or portion thereof, proposed to be paved, the probable cost per front foot, and the property owners or others interested shall therein be notified to appear at the meeting of the board to be named in said advertisement and make such objections as they may desire to urge. Any property owner or other person interested desiring to make objections shall arise in the meeting, state his name and residence, the fact of his presence shall thereupon be recognized and permitted to state his objection to the proposed pavement, observing all appropriate rules of the said board. If no objections are made, then the said board shall have the right, in their discretion, to pass such resolution; if objections are made, the board shall have the right, in its discretion, to adjudge same sufficient or insufficient, and if it finds same insufficient, it is hereby empowered and authorized to order such pavement laid. When laid on ordinance shall be passed by the council assessing the cost thereof in accordance with the provisions of this Section, and the amount thereof shall thereupon become a lien on the property of abutting property owners to the amount of the sum named in said ordinance,

Page 613

according to the front feet of such property owners; the total cost of such pavement shall not exceed the sums above named. The city shall pay one-third of the cost of all pavement laid under the provisions of this Section and the remainder of the cost thereof shall be assessed against the abutting property owners, as above described; provided , that any street railway company having tracks running through any street, public place or portion thereof paved under the provisions of this Section shall be required to pay the whole cost of paving or re-paving or otherwise improving the street, under the provisions of this amendment, for the full distance of eleven feet in width of any street, portion of street, paved or repaved under the provisions of this Section, and the assessing ordinance shall so assert the lien and declare same at the time other assessments are made, and in case the street railway company shall construct a track in any street, public place or portion of street after same has been paved under the provisions of this Section, it shall likewise pay for the paving, eleven feet in width of such street, public place or portion of street occupied by its tracks, according to the value of the pavement at the time, to be adjudged alone by the administrative board. Such payment shall be distributed between the owners of property abutting thereon at the time such pavements laid, in proportion to the amount originally paid by the owners of property at the time the pavement was laid. In all cases where streets, public places or portions of streets are paved on which street railway companies have tracks and the foregoing provisions with reference to the payment of the cost of paving or improving such street, public place or portion of street are applied and the cost of paving or repaving eleven feet thereof assessed against the street railway company, then and in such event, the total cost of pavement of such street, public place or portion thereof, shall

Page 614

not be assessed against the abutting property owners but such abutting property owners shall only be assessed for the cost of such pavement after deducting the cost of paving, repaving or improving assessed against the street railway company as heretofore provided, less also the sum paid thereon by the city, to-wit: one-third of such balance, that is to say, when such pavement is laid or re-laid the street railway company shall be assessed for eleven feet thereof, the city will pay one-third of the remaining cost and the balance thereof shall be assessed against the owners of property abutting thereon according to frontage but shall in no event exceed the sum above named. Certain street improvements may be made without petition after notice. Sec. 95. Any street railroad company or street railway company having tracks running through any street or portion of street, which is to be paved or repaved by said city under the assessment plan provided for by the charter or the general law of the State, shall be required to pay the whole cost of paving, re-paving, or otherwise improving eleven feet in width of said street or portion of street, whether such company has one or more lines of track therein; and in case any street railway or street railroad company shall construct one or more lines of track in any street or portion of street already paved, it shall likewise pay for the paving of eleven feet in width of the street or portion of the street occupied by its tracks, according to the then value of the pavement to be judged of by the administrative board. Assessments against street car companies. Sec. 96. Whenever any street railway company lays a double track or line or any street in said city, and such street shall at the same time or thereafter be macadamized, or otherwise paved, such street railroad company shall only be required to macadamize or otherwise pave between

Page 615

the rails of each line of track, and for four inches outside thereof, this being equivalent to paving as now and hereafter required by law or charter of this city. Assessments against street car companies. Sec. 97. When the consent of said city is given to the laying of street railroad tracks in or on a street, which is unpaved and without pavement improvement, said city may prescribe and require that the tracks shall be so laid, and such paving done between the tracks, and for such space on each side thereof, as will preserve the use, comfort and safety of such street for the public. Street cars on improved streets. Sec. 98. When street railroad tracks are laid in said city, on a street which has already been paved or permanently improved, and upon which said company has no track, said board may require such contribution or payment to said city for said city, and the owners of abutting property at the time of laying such tracks on account of the paving or pavement improvement of any such street as the administrative board of said city may deem proper, but such amount shall not be greater than as above provided. Said board may regulate and enforce the payment or collection of such amount of contribution, and may require payment of same before consent granted to lay such tracks, and may grant consent conditional on such payment thereafter. Such street railroad company shall be liable for its pro rata of the costs to repave, when same is done according to law. Laying street car tracks on improved streets. Sec. 99. Whenever the public interest may so require, the mayor and council of the city may, by ordinance, assess any railroad or street railroad company, to improve the streets or sidewalks or both, or for any sewer or drain, contiguous to the freight or passenger depot, and to do

Page 616

part or all of said work as right and justice may dictate, whether such work be petitioned for or not, and the mode of procedure and remedies to enforce the same shall be those provided for street or sewer improvement in other cases as now are or hereafter may be provided by law and the ordinances of said city. Railroads and street car companies may be required to make improvements. Sec. 100. The city of Atlanta is hereby authorized and empowered to transfer in payment of debts against said city, bills and executions in favor of said city for the cost of curbing, sidewalks, granite block and other street pavements, and of bills and executions for sewer assessments, whether such bills and executions be held by said city against abutting land-owners or against street railroad companies for furnishing and laying curbing, sidewalks, granite block or other street pavements and sewer assessments. Transfer of bills and executions for street improvements and sewage. The lien in favor of said city against abutting land and the owners thereof, and against street railroad companies, now provided by law, shall not be impaired or in any manner affected by this charter, but the same shall exist, and may be enforced in the name of the city for the benefit of the transferee until the assessment shall be paid. Such bills and executions against street railroad companies, when so transferred, shall be paid, and collections shall be enforced, as is now required and prescribed by law. Liens for transferred bills. Sec. 101. Such bills against abutting land-owners, when so transferred, shall become due and payable as follows: Payments shall be made within thirty days after the completion of the work and presentation of the bill therefor to the person liable for the same or his agent. If the

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person so liable should not prefer to pay all the assessment within thirty days, he may pay twenty-five per cent. thereof in cash within the thirty days, and twenty-five per cent, per annum on all such deferred payments; provided, however , that this privilege of paying part cash and postponing the payment of the balance, shall not exist unless the person liable for the assessment shall within the thirty days aforesaid pay the twenty-five per cent., and shall in writing, delivered to the transferee, declare his election to have the payment of the balance postponed, as herein above mentioned. Transferred bills, when payable. If default shall be made in making a deferred payment, then all the unpaid assessments shall thereby become due and payable, and collection thereof be enforced as if no postponement had been made. All proceedings to collect the transferred assessments herein above mentioned, whether the transfers have been made of bills or of executions, shall be conducted as if no transfer had been made, and shall be had in the name of the city of Atlanta. Collection of transferred bills. But said city of Atlanta shall not be liable to the contractor for all or any part of an assessment after same shall have been accepted by the contractor as a payment on the debt due him for the work. The transfer of executions, as aforesaid, shall be recorded, as in case of transfer of State and county tax fi. fas. Liability of city. Sec. 102. The administrative board of said city of Atlanta are hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges across their tracks and roadbeds, where the same cross the public streets of said city, in all cases in which said board shall declare the same necessary for the protection of human life. It shall also be the duty of railroads

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or railroad companies having bridges erected, or when they may hereafter erect bridges across their tracks and roadbeds, where the same cross the public streets of said city, to keep said bridges, and the approaches thereto, and the foundations and pillars and supports thereof, in safe condition, and so as to admit of comfortable travel on any such street. Bridges across tracks and roadbeds of railroads. In case of the failure of any railroad or railroad company, after reasonable notice to do so, to build or repair a bridge, or the approaches thereto or otherwise, as provided above, said board shall have the authority to do such building, repairing, or putting in safe condition, at the expense, with interest and cost, of such railroad or railroad company, for which execution may issue as other executions are issued by said city, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate of seven per cent. per annum. City may build or repair such bridges at expense of railroad. Sec. 103. Said administrative board shall have the authority to regulate the building and repairing of such bridges in so far as to declare the general character of such bridges or repairs suitable to be made, and to provide for the drainage, light and comfort of said bridge, and the street adjacent thereto, and to provide for the least obstruction by supports and otherwise of any portion of the street, practical and consistent with safety. General character of such bridges or repairs may be prescribed by board. Sec. 104. The present recorder shall serve for a period of four years from the beginning of his present term, and his successors shall be elected by the qualified voters of the city at the regular city elections as now provided and for a like term of four years. His duties not enumerated may be prescribed by ordinance. It shall be the duty of

Page 619

the recorder, when so elected, to hold recorder's court at the times and places fixed by ordinance for the trial of all offenses against the ordinances of the city, and impose the penalties prescribed by ordinance; in case of conviction, not exceeding a fine of $500.00, imprisonment in station-house or city prison for not exceeding thirty days, or sentence to work on the public works of the city for not exceeding thirty days, one or two or all of said penalties to be inflicted in the discretion of the recorder. When sitting as a recorder's court, he shall have full power and authority to try all offenders against the ordinances of said city and impose such penalties for violation thereof as may be prescribed by the ordinances of said city, and where the evidence in any case before him shows that a State offense has been committed, he shall require the offender to give bond to appear at proper place to answer for said offense. Before entering upon the duties of his office, he shall take and subscribe an oath before some officer authorized to administer it, faithfully to discharge the duties of the same. The jurisdiction now vested in the mayor and general council of said city, under and by the laws of this State, as contained in the Code of Georgia in 1910, in Sections 5329 to 5340 inclusive, in respect to the trial and abatement of nuisances as set forth in said Code and Sections, be and the same is hereby devolved upon and vested in the recorder's court of said city. Recorder, term of office, election of successor and duties. Sec. 105. Any one member of the council of said city is hereby authorized and empowered to preside in and hold the recorder's court of said city, whenever for any cause the recorder, or recorder pro tem. of said city cannot be in attendance to hold the same, and the mayor and council of said city are hereby authorized to provide and regulate by

Page 620

ordinance how the designation or call upon any member of the council to preside as aforesaid shall be made. Members of council may preside in the absence of the recorder. Sec. 106. The office of recorder pro tem. is created and the administrative board shall appoint him and fix his term of office, prescribe his duties, and provide for his compensation; said recorder pro tem. shall serve during the absence or disability of the recorder. The clerk of the recorder's court shall be eligible to fill the position of recorder pro tem., but, when said clerk is selected therefor, he shall serve without additional compensation. Recorder, pro tem. Sec. 107. The clerk of the council of the city of Atlanta shall have and use a common seal, whose form, device, and color shall be fixed by ordinance passed by the mayor and council. The deputy clerks of council, whether one or more, are appointed upon the authority of the administrative board shall have all the authority of the clerk of the council, and are authorized to sign executions, licenses, and all other documents, to which the signature of the clerk of council is necessary, using their own names, but adding thereto the words deputy clerk of council. The signatures of the deputy clerks of council, when so signed, shall be recognized and given all the force and effect of the signature of the clerk of council. Clerk of council and deputies. Sec. 108. The city marshal shall be separate and distinct from the police force of the city. It shall be his duty to collect or levy fi. fas. for taxes and fi. fas. for fines, and sell property so levied on, and make titles to purchasers, and put them in possession of the property so sold at sales, under the laws governing the said city and under the same rules and regulations that govern the sheriff and his deputies at sheriffs' sales. It shall be the duty of the marshal

Page 621

to act as city inspector, under such rules and regulations as the administrative board shall prescribe. He shall be empowered to enforce the State laws on the subject of weights and measures, and such other rules and requirements as are not in conflict with the laws of this State. All warrants, summonses, precepts, executions, or other processes issued by the clerk of the city council of Atlanta shall be directed to the marshal of the city of Atlanta. The marshal, or collecting officer of said city, as the case may be, shall be authorized to transfer and assign any fi. fa. or fi. fas. issued for street, sewer, or other assessments, in the same manner, upon the same terms, and to the same effect, and vesting the purchaser or transferee with the same rights as in cases of sales or transfer to tax fi. fas. , as now allowed by law. City marshal, authority and duties. Sec. 109. The deposits of moneys in the hands of the treasurer of the city of Atlanta, belonging to the city of Atlanta, shall be regulated as follows: Whenever the moneys of the city of Atlanta in the hands of the city treasurer shall exceed the sum of five thousand ($5,000.00) dollars, such moneys shall be deposited in four (4) chartered banks of deposit for account of said city in as nearly equal proportions as may be practicable. The depositories shall be designated by the administrative board, and in making the designation regard must be had for the rate of interest on balances of deposits offered by the various banks, and to the amount and kind of security rendered by said banks, with the purpose on the part of the administrative board to get the best rate of interest and the best security for the money deposited. City depositories. Sec. 110. Moneys on deposit as aforesaid shall be at all times subject to be drawn out on warrant regularly

Page 622

issued by the mayor and countersigned by the comptroller to pay the debts or current expenses of the city, and shall likewise be subject to be withdrawn from the bank where deposited in the discretion of the mayor and the administrative board at a regular or special meeting. In case none of the banks of the city make reasonable offers of interest and security, as aforesaid, or a smaller number of the banks than four (4) make such offers, then the whole subject of the regulation of the deposits of the moneys belonging to the city shall be left to the sound discretion of the administrative board, which shall have full power to provide by necessary orders for the regulation and control of the deposits of funds belonging to said city in accordance with the spirit and intent of this charter. Deposits subject to warrants of mayor countersigned by comptroller. Authority of board. Sec. 111. The mayor shall each year appoint an auditor who shall be confirmed by a majority of council who shall examine quarterly the books, papers and accounts of all city officers, through whose hands money may pass and make a written report to the administrative board as to the correctness of said accounts and be subject to the discretion of the mayor and said board. Auditor. Sec. 112. The mayor and council of the city of Atlanta are hereby authorized to condemn property, which may be needed, in the judgment of said mayor and council, to enlarge its waterworks plant, or grounds, the condemnation proceedings in all cases to conform to the laws. Condemnation for waterworks plant. Sec. 113. The administrative board is hereby authorized and empowered to enlarge and improve the existing or any future water supply or waterworks of said city in any manner and to any extent that is or may be needful, from the present or from any other site or sites, that said

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board shall have the power to acquire all rights and property, real and personal, necessary or appropriate for affording a complete and sufficient supply of reasonably pure and clear water to said city, and shall have power to acquire and hold or use all such rights and property, both within the limits of said city and anywhere in this State, including ownership of and dominion in whole or in part over the water-shed, from which the water to be supplied is gathered, however large the tract of land necessary for the purpose may be, so as to let said water-shed grow up in grass and trees without manuring or tillage, or other hurtful use, and so as to keep the water clear and pure. Increase of water supply. Sec. 114. Said city shall have power to lease or buy, or condemn any property, real or personal, anywhere in this State, for said purpose, or acquire the same by donation. And said city, by its agents as aforesaid, shall have power to obtain gravel, stone, earth, timber or other material, and to take such land as may be necessary for the proper construction, operation and security of said works, and to cut down any trees that may be necessary therefor, or security of the same, making compensation therefor as under the law provided for property taken for public use. And shall have all other powers and authority necessary and appropriate to accomplish the objects of this charter. City may acquire by condemnation or otherwise any property needed for water supply. Sec. 115. Said city shall have power to use and employ for the purpose of said works any stream or streams of water or water course or water courses, or any part of such waters, which by said city shall be deemed necessary and appropriate; to use such waters by employing the same for power to run or move the necessary machinery or for pumping through the mains, and distributing over the city, either or both as the case may be, making compensation

Page 624

therefore as by law required. Said city shall have the power to lay its mains along any street or highway, or otherwise, whenever necessary, to cross, occupy, or appropriate with its works such highways or streets or any part thereof. Acquirement or control of water courses. Sec. 116. The mayor and council, or administrative board, or other officers of the city of Atlanta shall have no authority or power to sell, exchange, or lease for a term longer than five years the property now belonging to the city of Atlanta, known as Lakewood, or the old waterworks property, same being the property on which is located the old water reservoir, to the South of the city of Atlanta; and any official voting therefor shall be deemed guilty of having violated his duty, and subject to impeachment and removal from office. Sale of old waterworks property prohibited. Sec. 117. The mayor and council, or administrative board, or other officers of the city of Atlanta shall have no authority or power to sell, exchange, farm out, lease out or in any way alien the property, easements, income or other equipment, privileges or assets belonging and appertaining to its system of waterworks; and all contracts, negotiations, grants leases, or other forms of transfer in violation of this Section are declared void and of no effect, as against said city. And any official voting therefor shall be deemed guilty of violating his duty and subject to impeachment and removal from office therefor; provided, however , the provisions of this Section shall not apply to the sale, exchange or alienation of such articles or equipments of said waterworks plant as are worn out or useless, or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment. Sale of any property appurtenant to water works prohibited, unless the same be useless.

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Sec. 118. The mayor and council of said city shall have full power and authority to establish reasonable police and sanitary regulations over the waterworks of said city, located at the Chattahoochee River, near the mouth of Peachtree Creek, in Fulton county, and along the pipe-line of said waterworks system, between said river and the city of Atlanta, including said pipe-line, the reservoir of said new waterworks system, the water-shed, and all lands occupied for the purpose of water supply, and to punish a violation of such regulation by fine or imprisonment as in case of violations of other ordinances of said city of Atlanta, and also over all other parts of the present or any future system of waterworks, including sites therefor, mains thereto, reservoirs and all other parts thereof. Police protection of waterworks, system. Sec. 119. The city of Atlanta is hereby empowered and authorized to use the waters of the Chattahoochee River for the purpose of supplying its system of waterworks with water, and all acts of said city, its mayor and general council, and its board of water commissioners whereby lands have been purchased alongside said river, pumping stations erected thereon, mains built therefrom, reservoirs and power or other pumping stations erected for the purpose of securing a pressure on the water in such mains whereby the water might be supplied to the city of Atlanta for the purpose of securing the health of the citizens thereof, and the preservation of the property and for all municipal purposes, be and the same are, hereby confirmed and its future use for the same and similar purposes is hereby granted and authorized. The city shall not be held liable for any suits at law, or in equity, on account of the use therein authorized or for any enlargement of said use by reason of the increased growth of said city. Waters of Chattahoochee river, use of.

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Sec. 120. The administrative board of the city of Atlanta shall have full power to cause the owners of lots or cellars, within the corporate limits of said city, to drain or fill the same to the level of the streets or alleys, upon which said lots or cellars are located. If the owner of said lots or cellars, or the occupants of the same, shall fail or refuse, after reasonable notice to him or his agents, to comply with the requirements of said administrative board by draining said lots or cellars, or by filling up the same, it shall be lawful for the said administrative board to have this work performed, and the amount so expended collected by executions issued by the clerk of council against the owner or occupant of the lots or cellars, as the said board may elect, and a sale under said execution shall pass a complete and perfect title to the property sold as a sale by the Sheriff under a judgment and execution. Drainage. Sec. 121. Said mayor and council shall have full power and authority to provide by ordinance for the frequent and compulsory vaccination of all persons in said city by suitable qualified physicians to be selected by the administrative board and to provide and enforce suitable and adequate penalties against any and all persons, who shall refuse to submit to vaccination in accordance with the provisions or requirement of such ordinance. Compulsory vaccination. Sec. 122. The administrative board shall have power and authority to establish and operate crematories, as many as may be necessary, for the proper disposal of the night soil, garbage, and other refuse of said city, and at such different places within or without the city as may be selected by said board with proper consideration for the just and equal distribution of said refuse matter. Crematories.

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Sec. 123. The mayor and council of the city of Atlanta shall have power and authority to determine by ordinances passed from time to time on what streets or within what limits livery stables hereafter shall be located, and to prohibit the erection or occupancy of places other than the places or the limits prescribed by such ordinances, and to enforce penalties for the violation of such ordinances as for the violation of other such penal ordinances of said city. Location of livery stables. Sec. 124. The mayor and council of the city of Atlanta shall have power and authority to pass and enforce ordinances providing for the location, use, and cleanliness of private stables, and forbidding the erection of such stables when they are likely to be injurious to the health of citizens. Location, etc., of private stables. Sec. 125. The administrative board of the city of Atlanta are authorized and empowered, in their discretion, to provide for civil service in the departments of sanitary and health to the extent that such employees and officers of said departments that receive a salary or wages in excess of sixty dollars per month shall be selected by an examination as to their mental and physical qualification and, also, as to their character for honesty and diligence and, after such selection, shall be continued in the employ of the city during good behavior, such good behavior to be judged of, finally and without appeal, by the administrative board. Civil service in sanitary department. Sec. 126. It shall be the duty of police to make arrests of any persons violating the ordinances of said city, with or without summons, and also with or without warrant. They shall likewise make arrests of any persons who have violated the statutes of said State, and their arrests for such violations are hereby authorized, either with or without warrants therefor. They shall perform such other duties

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as may be imposed by the laws of the State, and ordinances of the council and orders of the administrative board. Arrests. Sec. 127. The administrative board shall establish and maintain for the department of police the present civil service rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, and to be promoted according to efficient service and length of time employed in said department, all of which to be adjudged of by said board. Civil service rules for police department. Sec. 128. The board of education shall not have power to bind the city of Atlanta by contracts for the purchase of school property, or erection of school houses, or the furnishing thereof, or for salaries of officers or teachers for any sum in excess of the annual appropriations made by the administrative board for the support of the public schools. Appropriations for public schools. Sec. 129. The administrative board are hereby authorized to rent or lease from any party who may build a suitable market-house or houses in the city of Atlanta, for a term not exceeding fifteen years, at a rate of rental not to exceed eight per cent. interest on the investment, and are hereby authorized to make such ordinances as are necessary and protect the city in said lease; and provided, further , that said city of Atlanta be authorized to purchase said market or markets at any time during fifteen years at original cost of said market property. The administrative board shall have power and authority to establish two or more market places in said city for the sale of country produce, fresh meats, and other similar articles, and provide by order for the government of said market places, and to prescribe the hours in which such marketable articles shall be sold only at such market places or at them and at other

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points within certain distances from such market places, as may be deemed best by said administrative board. Market places. Sec. 130. The mayor and council of said city of Atlanta is empowered to provide by ordinance for the regulation of public meetings and public speaking in the streets of said city of Atlanta by preventing the obstruction of the streets of said city or the gatherings of disorderly crowds in said streets. Public meetings and speaking in streets. Sec. 131. The mayor and council of the city of Atlanta is empowered to provide by ordinance reasonable charges to be collected by hacks, cabs, drays, or other licensed vehicles for the transportation of persons, baggage, merchandise, or other personal property within the limits of the City of Atlanta. Licenses for hacks, etc. Sec. 132. The mayor and council and the administrative board of the city of Atlanta shall have no authority or power to grant consent to, or permit the extension, renewal, or change of term, for which franchises have been or may be granted, or in any way to extend or renew the time, for which permission has been or may be given to occupy the streets and public places except and only during the twelve months immediately preceding the expiration of the terms of such franchises and permit, and all extensions and renewals made in violation of this provision shall be void. Extension or renewals of franchises. Sec. 133. Power is hereby given the mayor and Council to control, regulate, and in its discretion prohibit, the erection and maintenance of sanitariums, boarding houses, and other similiar places in residence portions of the city. Sanitariums. Sec. 134. It shall be unlawful for any person holding an office or position of trust, or emolument, or regular employment

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under appointment by the President of the United States, or any department of the Federal Government, or election by the people of the United States or any of them, or any district in the United States, or under appointment by the Governor of Georgia or any other officer or officers of the State or county vested with appointing power or election by the people of the State or any county, or any other political divisions of said State, to occupy or hold the position of mayor, or councilman of the city of Atlanta, or membership on administrative board of said city, or any other office or position of trust, honor or emolument, or regular employment, in or under said city government, whether said office or position be by election or appointment or regular appointment during the time he holds said Federal, State, or county office or position and neither the mayor, or councilman, nor any other officer of said city, who, by virtue of election by the people, or appointment by the mayor or election or appointment by the mayor and council or administrative board, holds such office, shall be eligible to hold any other office or position of trust, honor, or emolument, or any other regular employment in the services of said city government. No officer of the U. S. or of the State or any county thereof eligible to any city office. Sec. 135. The administrative board shall be authorized in their discretion, to require any and all persons, firms or corporations, licensed to do business under the present charter provisions to give a bond payable to the city, and conditioned to pay the city or any one else, suing in the name of the city for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct of the administration of the business so licensed. The amount of said bond shall not exceed five thousand ($5,000.00) dollars, and shall be given for the fiscal year. At the end of the fiscal year, a new bond shall be

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given for the succeeding fiscal year under the terms above provided. Any person or persons injured by the dishonest, fraudulent, immoral, or improper conduct of the administration of any business licensed by the city, and bonded as above provided, may sue on said bond for their own use, and the recovery, if any, shall be payable to said person or persons. A business licensed may be bonded against dishonest, fraudulent, immoral or improper conduct in the administration of such business. Sec. 136. The administrative Board is hereby authorized and empowered to condemn land for the erection of public buildings for said city, for parks, for schools, fire or police uses and needs, and any and all other public purposes, in the manner provided by law for the condemnation of land for public use. Condemnation of land for public uses. Sec. 137. No person, firm, or corporation having a claim for money damages against the city of Atlanta on account of injuries to person or property, shall bring any suit at law or in equity against the said city of Atlanta on such account without first presenting such claim to the administrative Board of the City of Atlanta, for adjustment, and no such suit shall be entertained by the courts against the city of Atlanta unless the cause of action therein has been first presented to the administrative board for adjustment; provided , that upon the presentation of such claim in any case to the administrative board, said administrative board shall consider and act upon same, favorably or unfavorably, to the petitioners within thirty days from the presentation thereof; provided, further , that the action of the administrative board upon such claims, unless it results in the settlement thereof, shall in no sense be a bar to the plaintiff's rights in such cases in the courts. Claims against city for damages. Sec. 138. The Superior Court of Fulton county, Georgia, is hereby authorized and required to give precedence to

Page 632

and advance to trial any cases now pending or which may hereafter be brought in said court, to which the city of Atlanta is a party or materially interested in, in which the collection of revenue or money due said city is involved, or in which there is an appeal from the award or finding of the assessors for damages sustained or for lands taken for parks, streets, sewer, or other public purposes of said city authorized by law. When any case of the character aforesaid is ripe for trial, the same shall be subject to advancement and to precedence on the attention of the court being called to the same, subject only to the right of advancement of cases, to which the State of Georgia or the County of Fulton is a party. Precedence to be given to certain cases to which the city is a party in Fulton Superior Court. Sec. 139. Whenever any personal property has been levied on by the city of Atlanta, if of character to render its removal, to the city hall of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said city, at public outcry, within the hours now prescribed by law, and, after having given the notice required by law, after ten days notice to owner or agent in charge. Sale of personal property levied on by the city. Sec. 140. The Commissioners of Roads and Revenues of said county are hereby invested with the exclusive control of misdemeanor convicts from the criminal court of Atlanta, and with the sole power to direct the work of said convicts without reference to proportion of population between the city of Atlanta and the county outside of said city; provided , that whenever the said Commissioners of Roads and Revenues shall see fit to direct that said convicts shall work on the streets of the city of Atlanta, the grade, style and character of the work and the particular locality of streets upon which the work is to be done, shall be decided by the administrative board. Misdemeanor convicts, control of.

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Sec. 141. The council of the said city shall have the sole right to try all impeachments of mayor, councilmen, members of administrative board and board of education. When sitting for that purpose they shall be under oath or affirmation. When the mayor is tried the Judge of the city court shall preside, and no officer shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit, under this charter, but the party convicted shall, nevertheless be liable and subject to indictment, trial, and punishment, according to law. All officers elected or appointed by boards shall be tried, by the body electing or appointing them. Impeachments. Sec. 142. The mayor and council of said city shall have full power and authority to compel the attendance of parties and witnesses at the recorder's court, and the meetings of said council, and for this purpose said mayor and council shall have full power and authority to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited in the Superior Courts of this State, and the recorder or recorder pro tem . may render judgment on said forfeited bonds. Appearance bonds. Sec. 143. The mayor and council shall have power and authority to establish a fee bill for the officers of said city, not higher than the fees allowed to county officers, or lower than those, allowed to Justices of the Peace and constables of this State. Fee bill of officers.

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Sec. 144. The said mayor and council shall have power and authority to continue the fire limits as now established by law, and from time to time, in their discretion to extend and enlarge the same, within which fire limits so established, and to be established it shall not be lawful for any one to erect other than fire-proof buildings, or structures of any kind other than fire-proof; and should any one erect, or cause to be erected, within such fire limits so established, any such buildings or other structures, said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, the said expenses to be collected by executions issued by the clerk of council; and the said mayor and council shall have power to determine what buildings or other structures are, or are not, fire-proof. Fire limits. Sec. 145. Power and authority is hereby given the mayor and council of the city of Atlanta to close Bellwood avenue where same crosses the railroads in the city of Atlanta, at what is now known as Bellwood crossing, and for a distance of two hundred feet on each side of the approach to said crossing, or so much of said two hundred feet as may be deemed advisable in order to adjust said crossing to the proposed viaduct to be built over the railroads at Bellwood crossing, or divert same to Boss avenue and the approaches thereto on either side. When said mayor and council shall ordain the closing of so much of Bellwood avenue, as is herein provided, said portion of said avenue shall thereupon cease to be a public street for any purpose. Bellwood avenue. Sec. 146. The administrative board are hereby empowered and authorized to establish and maintain a system of pensions as follows: All policemen, firemen, teachers, and other city employees, who may hereafter become disabled by

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reason of any personal injury received in the line of their employment and in the legal discharge of their duty, so as to render them unable to perform services, may during the continuances of such disability be retired upon one-half of the salary, payable monthly,that such employee received at the time of such injury, subject to the examination and recommendations of the city health officer, or any designated physician approval of the mayor and adoption or rejection thereof by the administrative board as hereinafter provided. All policemen, firemen, teachers, and other city employees who, after twenty years continuous service in the employment of the city of Atlanta may become disabled by reason of ill health so as to render them unable to perform service and who in their own name, or whose wife or husband, living with her or him, as the case may be, do not own property to the value of ten thousand dollars may be relieved of duty and retired for a period of one year at a time, upon one-half of the salary, payable monthly, which such employees received at the time of such injury, upon the examination and recommendation of the city health officer or any designated physician, and the adoption or rejection thereof by the administrative board, as hereinafter provided. All policemen, firemen, teachers, and other city employees who have performed twenty years' continuous service in the employment of the city of Atlanta, and who have reached the age of sixty years, and who in their own name or whose wife or husband, living with her or him, do not own property to the value of ten thousand dollars, may be relieved of duty and retired for the remainder of their natural lives, upon one-half of the salary, payable monthly, that such employees received at the time of such retirement, upon the recommendation of the heads of their respective departments, and the adoption or rejection thereof by the administrative board, as hereinafter provided. No retirement, as above provided, shall be

Page 636

effectual or legal unless the following precedent conditions are made, First, an examination by such officers and employees by the city health officer or any designated physician, and his recommendation that such officer or employee be retired. Second, the head of the department in which such officer or employee sought to be retired is employed must recommend that they be relieved of duty and retired. Third, which recommendation for retirement, herein provided for, shall, if the foregoing requirements are complied with, be filed with the mayor of the city and he shall there-upon consider each recommendation separately and fix a time for passing upon same, giving notice to the person so recommended and giving the head of the department like notice in which such applicant has been employed, and, at such time, he shall proceed to hear evidence thereon as to all the facts set forth in the application and as to any other facts suggested by either himself or the head of the department so served, and, if in his opinion, the person so recommended should be retired, as herein provided, he shall approve such recommendation and submit same together with the recommendations therefor, all other papers and facts connected therewith and a copy of the evidence taken, as herein provided, to the next meeting of the administrative board, and at such meeting or at such other meeting as the administrative board may decide, the approval of the mayor shall be adopted or rejected, and such action, by the administrative board, shall be final. The recommendation for retirement as herein provided for, shall contain a statement of all facts relating to service, age, physical and financial condition of the officer or employee sought to be retired and a full and complete statement of the reasons for the retirement. No payment of pensions paid hereunder shall exceed the sum of fifty ($50.00) dollars per month. Pension system.

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Sec. 147. The administrative board of the city of Atlanta are hereby authorized, in their discretion to grant the right and privilege of the railroads entering the union depot, of said city, to lower the tracks, entering such depot, to such a distance so that the tracks at the west end thereof at Pryor street, and at the east end thereof at Central Avenue, can be easily bridged without any steep incline. Said lowering of tracks to begin at such distance, on the west and east of said depot, as will produce a depression below the present tracks of not more than twenty-five feet and, furthermore , the General Assembly hereby consents that the tracks in said union depot and upon the State's property, adjacent thereto can be lowered, to conform to the general plan covered by the permission above granted; provided, however , that this authority shall not be operative until the plans, specifications and profiles of such proposed work or works, shall have been first submitted to, and approved by the Governor and such commissioner as shall be in existance at that time, if any, charged with the duty of investigating caring for or reporting on the terminal properties of the Western and Atlantic Railroad. Lowering tracks of railroads at Union depot. Sec. 148. The administrative board of the city of Atlanta is furthermore empowered and authorized to construct bridges on Pryor street and Central avenue, at the east and west ends respectively of the Union Depot, over the railroad tracks at said places; either one or both of said bridges may be constructed in the discretion of the administrative board, provided , that when constructed, they shall be of such height that trains and the rolling stock of the railroads may pass safely thereunder; provided, however , that this authority shall not be operative until the plans, specifications and profiles of such proposed work or works, shall have been first submitted to, and approved by

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the Governor, and such commission as shall be in existance at that time, if any, charged with the duty of investigating, caring for or reporting on the terminal properties of the Western and Atlantic Railroad. Bridges at east and west ends of Union depot. Sec. 149. That the mayor and council of the city of Atlanta be, and they are, hereby empowered and authorized to enact ordinances requiring all candidates for municipal office and all committees or persons in charge of or submitting public measures to popular vote, to file statements, under oath, showing the amounts expended by such candidates, or committees or persons in the campaign covering such elections or submissions. Said statement shall show the amounts contributed to such campaigns and by whom; also, the amount paid or contracted to be paid by anyone other than the candidate or such committees or persons in behalf of such campaign and with the knowledge and consent of such candidate, or committees or persons. Said mayor and council are furthermore authorized and empowered to enact ordinances making penal the hire or attempting to hire for money or other consideration, any person or persons, either directly or indirectly, through themselves or others, in any way or for any purpose, to work or to use their influence in the interest of any particular candidate or public measures voted for in any municipal primary or general election, and they are further authorized to prohibit the expenditure of any sum exceeding one thousand dollars by any candidate or committees or persons in behalf of any person or measure, with the knowledge and consent of such candidates or committees or persons either directly or indirectly, in any way or through any form of employment and said mayor and council are furthermore empowered and authorized, by ordinance, to provide that any persons violating the provisions

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of this Section shall be thereafter disqualified for a period of five years to hold any municipal office or to vote in any municipal election or primary. In addition to the foregoing penalties, any person violating the provisions of this Section shall be deemed guilty of misdemeanor, and on conviction, shall be punished as provided by Section 1065 of the Criminal Code of the State of Georgia of 1910. Statements of expenses incurred in elections. Sec. 150. The administrative board is required to have in cash and in the treasury of the city, upon the expiration of each calendar year the sum of one hundred and seventyfive thousand dollars ($175,000.00) for the purpose of securing the payment of interest on outstanding bonds and the current expenses of the city for the first half of the succeeding year. Cash balance at end of each calendar year. Sec. 151. All material, supplies for departments, purchases of equipment, and contract work involving an expenditure of as much as five hundred dollars during any one year shall be purchased or let on competitive bids which bids shall be received and acted on and contracts awarded by the administrative board. Contracts let on competitive bids. Sec. 152. That all ordinances of the city of Atlanta are continued in force except where same are contrary to the provisions of this charter and in such events same are hereby repealed, and where such ordinances are changed by provisions of this charter, such ordinances shall conform thereto. Existing ordinances. Sec. 153. All applications for license or permits of any kind, such as for sale of near beer, operating pool rooms, obstructing or excavating in streets, free license, etc., now required to be made to the mayor and general

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council, shall hereafter be made to and passed on by the administrative board, and their action thereon shall be final. Application for license. Sec. 154. The foregoing Act shall not become effective nor of force unless a majority of the qualified voters of the city of Atlanta voting at a special election hereby called for the fourth Wednesday in September, 1911, shall vote in favor thereof. Said election shall be held, managed, the votes canvassed and the result declared in the same manner as regular municipal elections are now held under the charter and ordinances of said city. At said election all citizens who shall have paid their State and county and city taxes including the year 1911, and who shall have registered fifteen days prior to the date herein fixed for said election shall be qualified to vote. Those voting in favor of this Act shall have printed or written on their ballots the following words: For the charter of the city of Atlanta, as provided in the Act of the General Assembly approved on the day of August, 1911. Those opposed thereto shall have printed or written on their ballots the following words: Against the charter of the city of Atlanta as provided in the Act of the General Assembly approved on the day of August, 1911. If a majority of the votes cast in said election is in favor of this Act, the same shall thereupon become a law. If a majority of the votes so cast is against this Act the same shall not become a law. At said special election no other matter shall be voted on than the approval or rejection of this charter so submitted; provided , that the voting precincts be arranged and the voting regulations be in accordance with the same booth methods that control all primary city elections in Atlanta, and that all ballots be printed in the same type

Page 641

on plain white paper that shall be thick enough to shield the charter of the ballot when folded. Election to make this Act effective. Sec. 155. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911. Note by Compiler.This Act as here printed is a copy of the enrolled Act signed by the Governor. In the engrossed copy the figures in the tenth line of Section 154 are 1910 instead of 1911. AUGUSTA, CHARTER AMENDED. No. 217. An Act to amend the charter of the city of Augusta; extend its corporate limits so as to include therein territory now embraced in other municipal corporations, and other territory; to provide for the indebtedness of said municipal corporations so included, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1912, the corporate limits of the city of Augusta shall be, and they are hereby extended to include the territory comprised within the following limits: Beginning at a point on the present south boundary of the city on the south side of Gwinnett street opposite the west side of Fifth street, and in the center of Beaver Dam ditch, and running thence along the center of Beaver Dam ditch south 18 degrees, west 1020 feet; thence north 68 degrees and 19 minutes, west 1605 feet to a point on the east line of the right-of-way

Page 642

of the Central of Georgia Railway; thence in a southwardly direction along said east line of the Central of Georgia Railway's right-of-way 4572 feet to a point; thence north 50 degrees and 45 minutes, west 725 feet to a point on the east side of the right-of-way of the Augusta Southern Railroad; thence south 87 degrees and 16 minutes, west 1215 feet to a point on the west side of the Savannah Road at the intersection of the Augusta Belt Railway with the Savannah Road; thence south 44 degrees and 15 minutes, west along the west side of the Savannah Road 1053 feet to a point 150 feet south of the south line of Fifth Avenue extended; thence north 31 degrees and 45 minutes, west along the line parallel to and 150 feet from Fifth Avenue, 1676 feet to a point 150 feet from and south of the south line of the Milledgeville Road; thence north 66 degrees and 45 minutes east along a line parallel to and 150 feet from the south side of the Milledgeville road 1060 feet; thence north 28 degrees and 55 minutes, west along the north side of Sunset avenue 1240 feet to angle in street; thence along the north side of said street north 70 degrees and 16 minutes, west 700 feet to the east side of Fifteenth street; thence along the east side of Fifteenth street north 20 degrees, east 44 feet; thence north 55 degrees and 54 minutes, west along the north side of the public road, known as Little Hill street, 1915 feet to an angle in said road; thence north 46 degrees and 27 minutes west along the north line of said road 1960 feet, more or less, to a point of intersection with the boundary line of Summerville; thence in a northeasterly direction along the boundary line of Summerville to the intersection of said boundary line with the south side of the Wrightsboro Road, thence along the present boundary line of the city of Augusta in a generally easterly direction to the point of beginning on Gwinnett street. Augusta, corporate limits.

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Sec. 2. Be it further enacted, That from and after the first day of January, 1912, the corporate limits of the city of Augusta shall be, and they are hereby extended to include the territory comprised within the following limits: Provided, however , and this Section of this Act is enacted upon the express condition that it shall not become effective until and unless it shall have been favorably voted upon by a majority of the qualified voters as hereinafter prescribed, of the present village of Summerville, voting at an election to be held on the 26th day of October, 1911, at the headquarters of said village of Summerville. Commencing at a point on the boundary line of Summerville at its intersection at the north side of Little Hill street and running thence north 84 degrees and 30 minutes west to a point to the east side of the Wheeless road; thence north 36 degrees east 1500 feet, more or less, to a point on the north side of the Wrightsboro Road; thence north 84 degrees and 10 minutes west along the north line of said Wrightsboro Road 1720 feet; thence north along the western line of waterworks property 3 degrees and 54 minutes, east 1644 feet to the northwest corner of said waterworks property; thence east along the north line of said waterworks property to the west line of Peachtree road extended; thence along the west line of said Peachtree road and said Peachtree road extended to the junction with the Wheeless road; thence eastward along the south line of said Wheeless road to the junction of the same with the original boundary line of the village of Summerville; thence in a direct line to the southwest corner of the country club property; thence north 8 degrees east along the line of the Country Club grounds 2916 feet to Rae's creek; thence in a generally easterly direction along the south bank of Rae's creek to the intersection of Broad street; thence along the boundary

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line of Summerville in an easterly and southerly direction to the point of beginning on Little Hill street. Summerville included within corporate limits of Augusta, provided favorably voted upon. Sec. 3. That all persons qualified to vote for members of the General Assembly of this State in the county of Richmond, and who are and have been, for six months immediately preceding said election bona fide residents of said village and who have paid all taxes due to said village of Summerville, and who have been duly registered as hereinafter provided, shall be qualified to vote at the election ordered as hereinafter provided. In addition to the other qualifications, the person shall at the time he offers for registrations take the following additional oath: That I will have resided for the last six months in the village of Summerville at the time of the election, and have paid all taxes which have been required of me by the authorities of said village, and which I have had an opportunity to pay. No person shall be allowed to vote at said election who has not duly registered according to the provisions herein set forth. Qualified voters, who are. Sec. 4. It shall be the duty of the intendent of the village of Summerville to appoint three freeholders from the village of Summerville who shall be qualified to vote at said election, to manage said election. Said managers duties shall be the same, and they shall take the same oath as those duties prescribed and oath required by managers holding elections for the said village of Summerville. The polls at said election shall be kept open the same length of time as is now prescribed for keeping open the polls in all the elections of said village. Election managers. Sec. 5. That when an election is ordered as aforesaid it shall be the duty of the registrar to be appointed by said intendant to act as registrar for said election, and he shall

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open books at the village headquarters for the signatures of persons residing in said village. Said books for registration shall be kept open from 8:00 o'clock a. m. to 4:00 o'clock p. m. daily from the 8th day of September, 1911, to the 12th day of October, 1911, inclusive. The registration list shall be consolidated immediately and turned over to the clerk of the village council. In making up the registry of voters the said registrar shall enter thereon the name and age of the applicant. The names of white and colored voters shall be kept separate. Certificate of registration shall be furnished on application at the time of registration. An appeal from the decision of the registrars shall be had to the commissioners of the village of Summerville and the decision of said commissioners shall be final. It shall be the duty of the intendant of the village of Summerville to cause to be published in one or more newspapers published in the county of Richmond a notice of the election when ordered as aforesaid, which published notice shall show the time fixed for said election, the names of the freeholders appointed to manage the same, the days on which the books for registration will be open, and shall designate and describe the place where said election will be held. Said notice shall be published three times a week from the first day of September, 1911, until the time fixed for said election. The intendant shall provide all necessary material for carrying on said election. Registration. Notice of election. Sec. 6. That all persons voting at said election, who are in favor of annexing the said territory sought to be annexed, shall have written or printed on their ballots the words For Annexation, and those opposed to the same shall have written or printed on their ballots Against Annexation. Election's result, how declared.

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If upon examination of the tally sheet by the intendant and commissioners of the village of Summerville it shall appear that a majority of the persons voting at said election have voted in favor of annexation, said intendant shall declare the result by order entered upon the minutes of the village of Summerville, and thereupon the intendant and commissioners of the village of Summerville shall so declare by resolution, and thereupon the intendant of said village of Summerville shall issue his proclamation declaring this Act effective as to that territory described in Section 2. Sec. 7. That from and after January 1, 1912, all the territory described in Section 1 hereof, and, (should the election provided for above be favorable to the inclusion of such territory as described in Section 2 hereof), all the territory described in Section 2 hereof shall be included within the corporate limits of the city of Augusta, and all of the residents of said included territory shall thereafter be and become citizens of the city of Augusta. Citizens of Augusta if vote favors inclusion. Sec. 8. That should only the territory described in Section 1 hereof be included within the corporate limits of the city of Augusta, the city council of Augusta shall during the early part of the year 1912 so change and alter the ward line as to include said territory so annexed within the five wards now provided in said city, but the said council shall not increase the number of said wards. Change of wards under Section 1. Sec. 9. Should the territory described in Section 2 hereof be also included within the corporate limits of the city of Augusta, the city council of Augusta shall, during the early part of the year 1912, so change and alter the ward lines as to include said territory described in Section

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2 hereof so annexed, within the wards of said city. And, in the event of the addition of said territory so described in Section 2 hereof, the number of wards of the city of Augusta shall be increased to six and the number of members of council from said ward shall be the same as from the other wards in said city, so that the number of members of council entitled to vote therein shall be nineteen, three members from each ward, and the mayor. Nothing herein shall be construed as requiring that the sixth ward shall comprise all, or be limited to, said territory described in Section 2 hereof. Said city council of Augusta shall have the same authority as to creating, changing, altering or equalizing wards over said added territory, as it has over the present territory of said city. Until so changed, however, said territory described in Section 2 hereof, in the event of its inclusion in the limits of said city, shall constitute the sixth ward of Augusta, and the first members from said ward of the city council of Augusta shall be the intendant of the village of Summerville, who shall continue as such member of council for three years from January 1, 1912, and until his successor shall have been elected and qualified, and two members elected by the commissioners of the village of Summerville, either from their own number or from the citizens at large of said village of Summerville, for one and two years respectively, from the 1st of January 1912, and until their successors shall have been elected and qualified, said commissioners to determine which shall serve one year and which two years. Should there be any readjustment of wards, so that any one or more of such three members shall during their term of office cease to be residents of the said sixth ward as thus changed, this shall not disqualify him or them, from continuing to serve as

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such members. Their successors shall be elected as are other members of said city council. Change of wards under Section 2. Sec. 10. That from and after the 1st day of January 1912, all portions of the territory described in Section 1 hereof, which now is included within the corporate limits of the village of Nellieville or the village of Harisonville, shall cease to be parts of said respective villages and become a part of the city of Augusta. Nellieville and Harisonville merged into Augusta. Sec. 11. That from and after the 1st day of January 1912, in the event that the election provided for above has been favorable to the inclusion of the territory described in Section 2 hereof in the corporate limits of the city of Augusta, all of such territory now included in the corporate limits of the village of Summerville shall cease to be a part of said village and become a part of the city of Augusta. All money and property of every kind belonging to such village shall, immediately upon the territory described in Section 2 hereof becoming a part of the city of Augusta, be and become the property of the city of Augusta, and the city of Augusta shall thereupon be and become bound and liable for the payment of all the debts of said village of Summerville, whether in shape of bonds, notes, accounts, or otherwise, and to do and perform all of the lawful obligations of said village; provided , that all funds remaining in the hands of the village of Summerville on the 1st day of January 1912, arising from the sale of the bonds of said village shall be used exclusively for the purposes for which said bonds were authorized to be issued and exclusively within the village of Summerville. Property of Summerville to become property of Augusta in event of being included in Augusta. All streets, lanes and alleys lying within the present corporate limits of the villages of Summerville, Nellieville

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and Harisonville, and which have been lawfully adopted, either by formal act or otherwise, shall be and become streets, lanes and alleys of the city of Augusta, but none other unless and until so adopted by the city of Augusta. Streets and lanes. Sec. 12. Upon the inclusion of said territory described in Section 2 hereof within the limits of the city of Augusta, the charter of the village of Summerville shall be thereby and thereupon repealed, except that its name may be used by any creditor to enforce any rights, or by the city of Augusta to enforce or defend any rights. Charter of Summerville repealed if included in Augusta. Sec. 13. That immediately upon the inclusion of said territory described in Section 1 hereof, or that described in Section 2 hereof, or both, within the corporate limits of the city of Augusta, all laws, ordinances, rules, regulations, or resolutions of force at that time, within the present limits of the city of Augusta, shall be of like force and effect in such territory so added to said city of Augusta, unless in conflict with this Act. This shall not prevent the change or repeal of such laws, ordinances, rules, regulations and resolutions by the authority that could so change or repeal those in effect within the present limits of the city of Augusta. Laws of Augusta to be of force in annexed territory. That the sale of spirituous, vinous or malt liquors, or any imitations thereof, or substitute thereof, is, and shall be forever prohibited within the territory now included within the village of Summerville. Sale of liquor prohibited in Summerville territory. Sec. 14. All boards or commissioners now provided to have one or more members from each ward, by election or appointment, shall, if the sixth ward be added as above, be increased by a like member from said sixth ward, and the

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term of office shall be the same as now governs the members from the fifth ward until otherwise provided. Members of board if sixth ward is added. Approved August 19, 1911. BALL GROUND, TOWN OF, NEW CHARTER. No. 308. An Act to amend, revise, consolidate and supersede the several Acts incorporating the town of Ball Ground, in the county of Cherokee, Georgia, and to create and establish a new charter and municipal government for said town; define the rights, powers and duties of the same; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage and approval of this Act, the inhabitants of the territory hereinafter set out in this Act as the boundary of said town and who reside within said boundary of the town of Ball Ground, Cherokee county, Georgia, be, and they are, hereby incorporated under the name and style of the town of Ball Ground, and the said town of Ball Ground is hereby chartered and made a town under the corporate name of the town of Ball Ground, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits shall be vested in the said town of Ball Ground; and the said town of Ball Ground as incorporated in this Act may in its

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name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and peace, good order, health, welfare and proper government of said town, as to said mayor and council seem best, and consistent with the Constitution and laws of the State of Georgia and of the United States. Town of Ball Ground, new charter for. And the said town of Ball Ground shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for a term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said town for corporate purposes. Said town of Ball Ground as incorporated under this Act, shall succeed to all the rights of, and is hereby made expressly responsible, as a body corporate for all legal debts, liabilities and undertakings of the said town of Ball Ground, its mayor and council, as a body corporate as heretofore and in previous Acts incorporated. CORPORATE LIMITS. Sec. 2. Be it further enacted, That the incorporate limits of the town of Ball Ground shall extend one-half (1/2) mile from the center of the present court house, said distance to be in a radius from the center of the court house; provided , that the mayor and council shall be empowered to extend the limits to three-fourths (3/4) mile, by ordinances; provided, further , that this shall not be done unless two-thirds

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([UNK]) of the legally qualified voters of said town shall vote to extend the limits to three-fourths mile, and in that event the parties who will be included in the new territory shall be allowed the privilege of voting and participating in said election as other qualified voters of said town. Corporate limits. MAYOR AND COUNCIL. Sec. 3. Be it further enacted, That the municipal government of said town of Ball Ground shall be vested in a mayor and five (5) councilmen. That the present mayor and councilmen shall hold their offices for the full time for which they were elected, and shall have power and authority to exercise all the rights and powers granted under and by virtue of this charter, and shall hold their offices until their successors are elected and qualified. Present mayor and councilmen hold office full term. Sec. 4. Be it further enacted, That there shall be held on the first (1) Saturday in December of each year, an election, at which election a mayor and five (5) councilmen shall be elected, whose office shall be for the term of one year, commencing on the first day of the succeeding January, and they shall hold their offices until their successors are elected and qualified. Election of mayor and councilmen. On the first Monday in January, or as soon thereafter as practicable, the mayor and councilmen-elect shall meet at the court house or the usual place for holding council meetings in said town, and there shall severally take, before some officer authorized by law to administer oath, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or as councilman, as the case may be) of the town of Ball Ground for the ensuing term, and that I will faithfully enforce the

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charter and ordinances of said town, to the best of my ability, without fear or favor, and will in all my actions as mayor (or councilman) act as I believe for the best interest of said town, so help me God. Oath. Should the mayor or any councilman be absent from said meeting, he or they may take said oath of office, as soon thereafter as possible. The mayor and council shall provide, by ordinance, for regular meetings, not less than one a month, and may hold such special meetings as the business of the town may require, to be convened as provided by ordinance. In the event the office of mayor, or any one of the councilmen shall become vacant by death, resignation, removal from the town or otherwise, the mayor and council, or in the mayor's office is vacant, the council shall order an election for the purpose of filling such vacancy or vacancies, by giving notice, such as may be provided by ordinance; and such elections shall be held, returns made and results declared in the same manner as in regular elections for mayor and councilmen as hereinafter prescribed; provided , that such vacancy or vacancies occur within sixty days preceding the regular municipal elections in said town, then, and in that event the vacancy or vacancies, may be filled by the mayor and council, or the mayor pro tem in the case of a vacancy in the mayor's office, and persons so elected shall be duly empowered and qualified to fill such vacancies until the regular election. Vacancies, how filled. The mayor and council, shall at their first meeting after being elected, or as soon thereafter as practicable, elect from one of their number a mayor pro tem , who shall, in

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the absence of the regular mayor, act for him and in his stead, and will be clothed with all the powers vested in the duly elected mayor. Mayor pro tem. Should the mayor or any member of council fail or refuse to perform the duties of his office for the period of two consecutive months; provided , such failure is not from providential cause, the office may be in the discretion of the council, or the mayor and the remaining members of council, declared by resolution vacant, and the vacancy filled as before provided. Absentees. MUNICIPAL ELECTIONS. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said town of Ball Ground, shall be managed by a Justice of the Peace, or some other judicial officer, and two freeholders who are citizens of said town owning realty therein; each of said managers before entering upon his duties, shall take and prescribe before some Justice of the Peace or some other judicial officer authorized by law to administer oaths, or before each other, the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to the law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help me God. Elections, how held. Said managers shall keep or cause to be kept two lists of voters at said elections and two tally sheets. All elections shall be held in the town hall, or court house in said town, or at the regular place of holding council meetings, and the voting shall be by ballot. The polls shall be opened at 8

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o'clock a. m. and closed at 3 o'clock p. m. standard or central time. The persons receiving the highest number of legal votes for the respective offices shall be elected. The managers and clerks for all elections held under the provisions of this charter shall be named and appointed by the mayor and council, prior to the elections, and the mayor and council shall determine and provide for the pay of the managers and clerks. Sec. 6. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot box, with the ballots cast in said election and seal the same under their signatures, and shall forthwith deliver same to the Ordinary of Cherokee county. The other list of voters and tally sheet shall be placed in a package and sealed and delivered forthwith to the clerk of said town, who shall safely keep same, and at the first meeting of the mayor and council occurring after the expiration of three days from said election, and within ten days after said election, deliver the said package to the mayor and council who shall open same and declare the results therefrom. If any election in said town is contested, notice of said contest must be filed in writing with the Ordinary of Cherokee county, plainly setting forth the grounds of contest or illegality, within 10 days after said election, and upon payment of $10.00 as a guarantee of costs, to said Ordinary, in advance by the contestant or contestants, the Ordinary shall within three days after the contest is filed, make a copy of same and cause same to be served by the Sheriff, or his Deputy, upon the contestee, if the contest is for an office;

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and if the result of any election in which any question has been submitted is contested, then the Ordinary shall cause the notice and copy to be served upon the mayor; said Ordinary shall fix the time of hearing such contest, which shall not be later than ten days after services has been perfected, of which time both parties shall have five days notice. The contestant shall pay to the Sherff, or his Deputy, in advance, two dollars for service, and notice of contest. The contest shall be heard at the office of the Ordinary of Cherokee county, and he shall be empowered to have any and all witnesses and records brought before him in determining said contest, and it is the duty of said Ordinary to hear and decide, and he is directed to hear and determine all contests, and the losing party shall pay all costs, for which the said Ordinary shall issue the usual executions when necessary. Voters' list. Election, how contested. Sec. 7. Be it further enacted, That all persons qualified in this State for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and who shall have resided in said town thirty days prior to the election at which they offer to vote and who shall have registered as required by the registration laws or ordinances of said town, shall be qualified to vote at any election held under the provisions of this charter. Qualified voters. Sec. 8. Be it further enacted, That it shall be the duty of the clerk of said town, upon the first Monday in November in each year; to open a registration book for the purpose of registering the qualified voters of said town. Said book shall be kept open at such hours as the mayor and council shall direct, each and every day (Sundays and legal holidays excepted) until the Monday before the first Saturday

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in December, when it shall be fairly and absolutely closed. Said clerk shall not knowingly allow anyone to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer to him the following oath: You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in this State for twelve months, in this county for six months and in Ball Ground thirty days next preceding this registration, or that by the date of next town election, if then a resident, you will have done so, and that it is your intention to remain a resident until said day of election; that you are twenty-one years of age or will be so prior to said election; that you have paid all taxes due the town of Ball Ground, and all taxes required by the laws of the State, except taxes for this year, so help you God. Registration book. It shall be the duty of the clerk to prepare a list of said names of registered voters, after it has been purged by the mayor and council, in alphabetical order, and furnish the managers of the election with a complete list of the registered voters, in alphabetical order, certified under his official signature and seal of office, at or before the polls are open. The managers shall keep said list before them during the election and shall not permit anyone to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to return said list to the clerk, to be by him safely kept and preserved. The registration for whites and colored shall be made out separately. Registered voters. For any intermediate or special election in said town for any purpose, the clerk shall open the registration book at least thirty days before the date fixed for said election and shall close same five days before said election, and prepare

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and furnish the registration book list as hereinbefore provided. Special elections. Notice of the opening of the registration books for all elections shall be given in such manner as the mayor and council shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration list furnished the managers of said election, the clerk of said town may certify under his official signature and seal to such accidental omission to place his name on the list, and that he was duly and legally registered in due time and form before the registration books were closed, and thereupon and by filing said certificate with the managers, such person shall be allowed to vote. Any person voting in any election held in said town, who is not qualified to vote therein, under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by the laws of this State for illegal voting. After said registration books are closed, and prior to the day of any election for which said registration is had, the mayor and council shall examine, revise and purge said list, as made up and returned to it by the clerk, of all illegally registered voters or person or persons disqualified from voting for any lawful reason; provided , that before removing any name therefrom, written notice shall be served upon the person or persons deemed disqualified, at least twelve hours before final action thereon by the mayor and

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council, that such person may show cause, if any, why such action should not be taken. Sec. 9. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be on the first Monday in January, or as soon thereafter as practicable, after the regular municipal election of each year in December, for the purpose of reorganization, at which time the council shall elect one of their number mayor pro tempore , for the period of one year. Mayor pro tem. The mayor and council shall also, at said meeting, elect a city clerk, a treasurer, a marshal, who may be chief of police, and as many policemen as in their judgment is necessary; a city attorney, if they deem one needed; a superintendent of water works, and such other employees of said department, and such other town officers as the mayor and council shall deem necessary in the government of said town, to be fixed by ordinance. Clerk. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance; provided , all official bonds shall be made payable to the town of Ball Ground. Said mayor and council shall have power and authority in their discretion, to suspend and remove such officer from office, or impose fines on said officers; provided , that before removal or fine, said officer shall be entitled to a hearing before the mayor and council, on the charges preferred, under such rules as the mayor and council may fix. Oath. It shall be the duty of the mayor and council, prior to their election, to fix the salaries, fees or compensation of all officers, agents or employees of said town, which when once

Page 660

fixed, shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents and employees shall be elected for the period of one year, and until their successors are elected, appointed and qualified. Salaries of officers. The salary of the mayor and council shall be fixed by ordinance at the last regular meeting in the year 1911, for the year 1912, and each year thereafter each succeeding mayor and council shall at the last meeting each year fix, by ordinance the salary of the succeeding mayor and council. Mayor's salary. Sec. 10. Be it further enacted, That the mayor or mayor pro tem and three councilmen shall constitute a quorum for the transaction of business, the majority of the votes cast shall determine questions before them; provided , that the mayor or the mayor pro tem , if he be presiding in the absence of the mayor, shall vote only in case of a tie vote, and; provided, further , that all votes making appropriations or authorizing the expenditure of town funds, or fixing the salaries of officers, agents, or employees, shall be by the yeas and nays, duly recorded upon the minutes, and; provided, further , that on any question, any councilman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on minutes. Quorum. The mayor, or the mayor pro tem , when performing the duties of mayor, shall have veto power, and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the next regular meeting thereafter, it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said town,

Page 661

his veto of any measure passed by the council, with his reasons for withholding his assent, within three days after its passage, the same shall become a law just if signed and approved by said mayor, but he may approve the same in writing and the measure shall go into effect immediately. Veto power. Sec. 11. Be it further enacted, That the mayor of said town shall be the chief executive officer of the town of Ball Ground. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully, fully and impartially executed and enforced, and that all of the officers, employees and agents of said town faithfully and impartially discharge the duties required of them. Mayor chief executive officer: his duties. He shall have the general supervision and jurisdiction of the affairs of said town, and shall preside at all meetings of the council. He shall have the power to convene the council in extra session whenever, in his judgment, it becomes necessary, and shall do so whenever requested by two councilmen in writing. He shall have the general supervision and jurisdiction provided for by ordinance or resolution of council. He shall be ex-officio a member of the board of education, and of all other boards authorized by law in said town now in existence or hereafter created except the sinking fund commission. Sec. 12. Be it further enacted, That it shall be lawful for the marshal, or any police officer of said town to arrest without warrant, any person or persons, within the corporate limits of said town, who, at the time of arrest, or before that time has or have been guilty of violating any ordinance of said town, or who he has reasonable belief or reliable information has or have been guilty, and to hold such persons so arrested until a speedy hearing of the matter before a

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proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison, or in the jail of Cherokee county, for a reasonable length of time. The marshal and the police officers of said town are authorized to the same extent as Sheriff of this State to execute warrants placed in their hands charging any persons with violating the criminal laws of the State. The marshal and police officers of said town are also authorized to arrest anywhere within this State, any person charged with violating any ordinance of said town; provided , when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the offenders outside the corporate limits of said town, except in obedience to written warrant signed by the mayor, mayor pro tem , or acting mayor. Said marshal or any police officer may take bonds for the appearance of any person arrested by them for violations of town ordinances before the police court for trial and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the mayor, mayor pro tem , or acting mayor. The mayor and council of said town shall have power and authority to authorize and enforce the marshal or any police officer of said town to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey said summons. Arrests. Appearance bonds. Witnesses. Sec. 13. Be it further enacted, That the mayor and council shall have the power and authority to establish and prescribe by ordinance a fee and cost bill for the officers of said town, which said fees and cost when collected shall be

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paid into the town treasury and an accurate account kept thereof. All compensation of any paid officer or official of said town shall be by salaries fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said town shall receive or be entitled to receive any other compensation than as so fixed, nor any part of the fees or cost as above provided. Costs, etc. Compensation of officers. Sec. 14. Be it further enacted, That the mayor or in his absence or disqualification, the mayor pro tem., or in the case of the absence or disqualification of both the mayor and the mayor pro tem., any councilman of said town, to be designated in writing by two other councilmen, may hold and preside over a court in said town, to be called a police court, for the trial of all offenders against the laws and ordinances of said town, to be held as often as necessary or at such times as may be fixed by the mayor and council. Said police court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt, or disobedience to any of its mandates. Said court shall have full authority and power to punish, after conviction, all violations of the charter or any ordinance of said town by fine not to exceed $100.00, by imprisonment in the town prison not to exceed fifty days and to work upon the streets of said town in the town chaingang, or at such other public works as the mayor or mayor pro tem. or presiding councilman may direct, not to exceed sixty days; any one or more of these punishments may be inflicted by the mayor or mayor pro tem. or presiding councilman in his discretion, and the fines imposed may be collected by execution. The mayor or mayor pro tem. or presiding councilman as the case may be, shall have full authority in said police court, if the offense charged against

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the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, upon the trial of any offender by the aforesaid court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail, or bail them, if the offense is bailable, by a justice of the peace, to appear before the next Superior Court in Cherokee county. Police court. Sec. 15. Be it further enacted, That the mayor, mayor pro tem., or the presiding councilman, when any person or persons are arraigned before the police court for a violation of any of the town ordinances, rules or regulations, may, for sufficient cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused may be required to give bond and security for his or her appearance at the appointed time for trial or may be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem., or presiding councilman, and an execution issued thereon after serving the defendant, if any be found, and his security, with a rule nisi , at least five days before the hearing of said rule nisi , requiring him or them to show cause why said bond should not be forfeited. Bonds and forfeiture thereof. Sec. 16. Be it further enacted, That any party being dissatisfied with the fine or penalty of the mayor, mayor pro tem., or presiding councilman, shall have the right to enter his appeal to the council, provided that same is done within twenty-four hours after said trial by the mayor. All parties being dissatisfied with the penalty, fine or forfeiture as exacted by the council shall have the right to have

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same reviewed by certiorari, provided same is done within thirty days from the final determination of said case. Appeal. Sec. 17. Be it further enacted, That the mayor and council of the town of Ball Ground shall have power and authority to organize one or more chain-gangs, or work gangs and to confine persons therein who have been sentenced by the police court to work on the streets or public works of said town, and shall have the power to make such rules and regulations as may be necessary and suitable for the care, safe keeping and control of such gangs, and to enforce same through its proper officers. Chaingangs. Sec. 18. Be it further enacted, That the mayor and council shall at their first meeting in January, 1912, elect a board of tax assessors for said town, to be composed of three citizens, qualified voters and freeholders in said town, whose duty it will be to annually assess the true cash market value of all real estate situate in said town, subject to taxation, and to make returns of same to clerk of council at such times as may be fixed by ordinance by mayor and council. At the first election under the provisions of this charter, one of the assessors shall be elected for one year, one for two years and one for three years, and as these terms expire, their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the mayor and council, as they occur. Each member of said board shall receive such compensation as may be fixed by the mayor and council, and to be paid as ordered by the mayor and council, after the work of assessment for each year has been completed. Each assessor, before entering upon his duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor

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of the town of Ball Ground, and assess all property in said town, subject to taxation, at its true cash market value, to the best of my skill and knowledge. So help me God. Tax assessors Sec. 19. Be it further enacted, That persons making their tax returns shall not be required to return the value of their real estate, but shall return a correct and full description of the same, which description shall be filed with the clerk of the council, with said board of assessors. It shall be the duty of said assessors to carefully examine the returns of all personal property located in or owned by persons residing in said town, and in cases of failure to make a true and full return thereof at a cash market valuation, to assess the true market value thereof; and should any person fail, refuse or neglect to return his or her personal property or any portion thereof, subject to taxation in said town, said board shall assess the same and make returns thereof as required. Any person dissatisfied with the assessment of any property under the provisions of this Act, shall have the right to appeal the same to the mayor and council, provided said appeal be filed within thirty days after the return of said assessment, and the decision of the mayor and council, after hearing thereon, at a time fixed by them, shall be final. Tax returns, how made. Sec. 20. Be it further enacted, That the mayor and council shall have authority and power to provide by ordinance when tax returns shall be made under the provisions of this charter, and to provide penalties for failure to make returns as required, and to provide when and how taxes due said town shall become due and in what length of time and in what periods shall be paid, to fix penalties for the non-payment of taxes when due, and to issue executions against all persons who do not pay their taxes by the time

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fixed by ordinance. The mayor and council, in their discretion, may provide for the payment of any or all taxes in installments, and at different periods, provided all shall become due not later than October 15th of each year. Penalties for failure to return taxes Sec. 21. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the town of Ball Ground, the mayor and council of said town shall have full power and authority to assess, levy and collect an ad valorem tax on all real estate and personal property, including money, notes, bonds and other evidences of debt, money used in banking, and every other species of property in said town, or around or held therein subject to taxation; said tax not to exceed fifty cents on the hundred dollars, exclusive of the taxes for public schools authorized by law, and the taxes that may be required to pay annual interest on any bonded indebtedness which may be incurred by said town, and any taxes which may be required as a sinking fund for the purpose of paying the principal of said bonded indebtedness, as required by law. The ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which it was levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The said mayor and council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said town, and to provide penalties for neglect or refusal to comply with same, as elsewhere provided in this Act. Ad valorem tax. Sec. 22. Be it further enacted, That the mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether

Page 668

resident or non-resident of said town, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves or by their agents, to register their names, business, calling, vocation or profession annually, and to require said person, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such calling, business or profession, such an amount as the mayor and council shall prescribe by ordinance; provided , that there shall be a separate license for each business, calling, vocation or profession, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or license thereunder, or at any other place of business than at the place for which the license were granted. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, who fail to register, take out and pay for the license, or who engage in, such business, profession or occupation before compliance with the provision of such ordinances. It shall not be within the power and authority of said town of Ball Ground, its mayor and council, or any official therein, to give or grant any license to conduct or carry on any business, avocation or calling in said town, in violation of the laws of the State in reference to the observance of the Sabbath day, nor shall said town, the mayor and council nor any official thereof grant or permit the sale of any spirituous, malt, vinous or intoxicating liquors, bitters, wines, or beer of any character whatever. Registration and license. Sale of liquors, etc., prohibited. Sec. 23. Be it further enacted, That the mayor and council shall have power and authority to prohibit or regulate

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and license billiard tables, pool tables, ten-pin alleys, and any and all tables or alleys of any kind, kept within said town and used for the purpose of hire, renting or gain, or used or kept in any public place or store to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sums as the mayor and council may fix by ordinance, for the calendar year or for any part thereof, and payable in full in advance. Billiard tables, etc., regulation of. Sec. 24. Be it further enacted, That the mayor and council shall have full power and authority to license, regulate and control by ordinance, all markets in said town, opera houses and other places of amusements for the public, all hacks, drays or wagons used for hauling of any kind, and all vehicles used for hire for any purpose, auctioneers, itinerant lightning rod agents or dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said town, trades of all kinds, itinerant dealers in jewelry, merchandise, and all other articles, except such as are exempt by State laws. Also, any person, firm, company or corporation running or operating a flying jenny, flying horses, and all circuses, side shows and performances of any kind in said town, and all goods, wares or merchandise by sample, or soliciting orders for same, and all other businesses, callings, or vocations, which are not exempt from license under the Constitution or laws of Georgia. Said mayor and council shall have full power and authority, by ordinance, to regulate the running of automobiles, railway trains or any other vehicle run by electricity, gasoline, kerosene or steam. Mayor and council may regulate and control what. Sec. 25. Be it further enacted, That the mayor and council of said town shall have power and authority to require and compel and make all persons between the ages

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of twenty-one and fifty, subject to road duty under the laws of Georgia, resident of said town, to work on the streets of said town not to exceed ten days in each year, at such time or times as the mayor and council may order, or to pay a commutation tax in lieu thereof, not to exceed $5.00, in any one year, as said mayor and council may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice to do so, as said mayor and council may require, he shall be deemed guilty of a violation of this Section, and on conviction in the police court of said town, shall be fined in the sum of not exceeding the sum of $10.00 or imprisoned in the town jail or prison, or by labor on the chain-gang of said town not exceeding twenty days, and any or all of these punishments may be inflicted in the discretion of the presiding officer. The mayor and council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this Section. Street tax. Sec. 26. Be it further enacted, That the mayor and council shall have power and authority to impose a tax on dogs, owned or kept within said town, not to exceed two dollars per annum, each, and shall have power and authority to pass such ordinances as they may deem necessary to collect such tax or otherwise enforce the provisions of this Section, and may authorize and direct the marshal and police officers of said town to impound or kill any dog or dogs at large within the limits of the town, whose owner has failed or refused to pay said tax, and obtains evidence thereof as prescribed by ordinance or who fails or otherwise refuses to comply with any such ordinance or regulation. Dog tax.

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Sec. 27. Be it further enacted, That the mayor and council of said town shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said town, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of the town of Ball Ground, as may be provided by special resolutions or ordinances for that purpose, to be passed at a regular stated meeting of the mayor and council. Provided , that the total sum so borrowed in any year shall not exceed one-fifth of one per centum of the assessed value of the taxable property within said town for that year, and provided, further , that said loan shall always become due and payable and be actually paid in full before the 31st day of December of the year in which borrowed. Loans. Sec. 28. Be it further enacted, That the mayor and council of said town shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares in said town, and shall have full power and authority to condemn property for the purpose of laying out streets, alleys or sidewalks, and for widening, straightening and grading, or in any way changing the street lines and side-walks of said town, and when said mayor and council desire to exercise a power and authority as to condemnation herein granted, it might be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Sections 5206 to 5246, inclusive, of the Code of Georgia adopted August 15, 1910. The mayor and council may abandon or discontinue such proceedings at any time upon payment of accrued cash. The mayor and council shall have full power and authority to remove or cause to be removed, any buildings, steps, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes,

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sidewalks or other public places in said town, and to enforce the provisions of this Section by appropriate ordinance. Streets, etc., control of. Sec. 29. Be it further enacted, That the mayor and council shall have full power and authority, in their discretion and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority above given, and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the street, but only on one side of the street on which the sidewalk is improved, if on one side only. Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing or otherwise improving any roadway or street proper on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council. Provided , that no curbing shall be laid and no sidewalk or streets be paved or macadamized nor no assessment made under the authority, power and provisions of this Section unless the persons owning the real estate, which have at least two-thirds of the frontage on the sidewalk, or the street, or on the portion of the sidewalk or of the street the improvement of which is desired, shall in writing request the mayor and council to make such improvement

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when said mayor and council may in their discretion, provide by ordinance for such improvement, and provided, further , that no request shall be considered and no work shall be done for less than one entire block. The amount of the assessment of each piece of real estate abutting on the sidewalk or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, that the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalk or streets, by execution to be issued by the clerk of the council against the real estate so assessed and against the owner thereof at the date of the ordinance making assessment, which execution may be levied by the marshal of the town on such real estate, and after advertising and other proceedings as in case of sale of realty for town taxes, same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided , that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit when received shall be returned to the Superior Court of Cherokee county, and there tried and the issue determined, as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lien for assessment on abutting property, and on street railroad and on other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or drainage, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from

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the ordinance authorizing the execution of the work in each case. Paving, grading, drainage, etc. Sec. 30. Be it further enacted, That the mayor and council of said town shall have power and authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said town; to regulate or prohibit (except as such power may be restricted by any general restricting laws) the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks, and for posting bills and advertising matter; to regulate or prohibit the carrying of hand-bills, banners or play cards on the streets, sidewalks or public places of said town, and the gathering or holding of public meetings for any purpose therein or thereon. Also to compel any telegraph or telephone or electric light or power company having previously erected poles and wires in said town or remove same to any location designated by the mayor or council, and in case such company shall fail to remove the same within ten days after the written notification by the marshal, said town shall have the right and authority to remove the same at the expense of such company, and collect the same by execution. Curbs, gutters, etc. The said mayor and council shall have the authority and power to regulate, by ordinance, the speed at which automobiles, bicycles and other vehicles of any description shall be driven over or through the streets, alleys or public places in said town, and to prohibit the use of the public sidewalks of said town by other than pedestrians, and to punish violation

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of such rules, regulations or ordinances as they may pass upon this subject. Said mayor and council shall also have power and authority to regulate the speed at which locomotives or trains, or street cars shall be run within the corporate limits of said town, also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within the limits of said town. Speed of trains, etc., regulation of. Sec. 31. Be it further enacted, That the mayor and council shall have power and authority to require the railroads or street railroads running through said town, or a portion thereof, to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner said mayor and council shall deem necessary; to place or repair such crossings, or to open or to keep open any street in said town crossing them; and the mayor and council may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad or street railway shall fail or refuse to make such crossings within fifteen days, or to repair the same within twenty-four hours after having been notified to do so by said town, the mayor and council shall have the power to create and make the same across the railroad or street railroad or to repair the same at the expense of said railroad or street railroad, and may issue execution therefor, and levy and collect the same as in the case of tax executions. Railroads; street crossings. Sec. 32. Be it further enacted, That the mayor and council shall have authority and power to grant franchises,

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easements and rights of way, over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said town, on such terms and conditions as they may fix by ordinance; provided , that no such franchise shall be granted until the application for the same with the description of the nature of the franchise, the streets on which desired and the time at which it will be acted upon shall have been advertised at the expense of the applicant once a week for four weeks in a newspaper published in said town, or should there be no newspaper published in said town, then same to be published by posting the above described at three or more public places in said town for four weeks. Franchises, etc. Sec. 33. Be it further enacted, That the mayor and council shall have full power and authority to lay down and construct and repair sewer and sewerage system, in said town, including the disposition of sewerage matter, and to assess abutting land-owners for a reasonable amount for said sewerage and drainage, and said land-owners, as part compensation shall have the right to connect their drainage into all said sewers. Sewers. Sec. 34. Be it further enacted, That the mayor and council of said town may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change or modify same from time to time, to prescribe how and of what materials buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues and stove pipes shall be constructed, and to make such reasonable rules, regulations and requirements as they may deem necessary to, so far as possible, protect said town from danger from fire or to prevent or stop conflagration.

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They shall also have power and authority to order any change in the construction and arrangements of chimneys, stove pipes or flues or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered, by proper ordinance, and collect any expense incurred by said town, under ordinance passed carrying out the powers granted under this Section by execution as in case of collecting other costs due said town. Fire district. The mayor and council may exercise general supervision over all buildings of every description in said town and may condemn dangerous walls or constructions in any of the same, and shall have power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. Sec. 35. Be it further enacted, That it shall be the duty of the mayor and council of said town to provide such fire protection therefor, as in their discretion the town can afford or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the object of this Section and afford protection from fire or conflagration, to property in said town. Fire department. Sec. 36. Be it further enacted, That the mayor and council of said town shall have authority and power to provide for the inspection of steam boilers in said town, to regulate and prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine

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cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substances, materials or liquids, within the town limits; and to regulate the use of lights in stores or shops, or the building of bonfires; to regulate or prohibit the use of fireworks, fire crackers, torpedoes, sky rockets, roman candles, the firing of guns, pistols and anvils, and prohibit every kind of gaming and hunting within the corporate limits of said town. Inspection of boilers and regulation of storage of gun powder, etc. Sec. 37. Be it further enacted, That the mayor and council shall have power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or the communication thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and punish any violation of any of the said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house outside of said town limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond the said town limits. They shall have the power to compel the removal to the pest house any person or persons who have smallpox or other infectious or contagious diseases, when in their wise and humane judgment it is best for the general welfare and health of said town. They shall have power to compel all persons in said town, whether resident or sojourner, to be vaccinated and may provide vaccine virus and employ physicians, at the expense of the town, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. Contagious diseases. Sec. 38. Be it further enacted, That the government control, management and protection of Ball Ground cemetery,

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as it is now located, or any enlargement or extension of the limits thereof, by purchase, gift or otherwise and the disposition of all lots therein, is hereby continued and vested exclusively in the mayor and council of said town of Ball Ground, and said mayor and council shall have full power and authority to pass all necessary ordinances, rules and regulations, relating to burial therein, to disposition of lots and the protection and preservation of said cemetery and of burials therein, and to punish violations thereof, and this power and authority shall be extended over any additions to said cemetery, whether within or without the corporate limits of said town. Cemetery. Sec. 39. Be it further enacted, That the mayor and council shall have full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said town and to prevent the cutting, impairing or mutilation thereof by telephone, telegraph, electric light or power or electric street car lineman, or employee, or by other person, unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same, and then only when absolutely necessary for the public service or safety. Shade trees, etc. Sec. 40. Be it further enacted, That the mayor and council shall have power and authority to protect by suitable ordinance and enforcement, all places of divine worship, and all schools and colleges within said town, and to prohibit loitering or idling in or about the same or the grounds thereof, or any other conduct in or about the same tending to annoy or disturb the services or duties being carried on or performed therein or the occupants of said

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institution or the grounds thereto. Said mayor and council shall also have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets, sidewalks, alleys or public places or buildings or vacant property within said town or in or about or near any residence therein. Churches, schools, etc., protection of. Sec. 41. Be it further enacted, That the mayor and council of Ball Ground shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, within the corporate limits of said town, and to this end, may enact such ordinances and provide such penalties for violations thereof as they may deem advisable or necessary to carry out the provisions of this Section. Said mayor and council shall have power and authority, upon proof of any house of ill fame, bawdy house, lewd house or gambling place or house, to vacate and abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property-owner or agent who shall, after notice of the character of the inmates, continue to rent or suffer the same to remain on said premises, shall upon conviction in the police court of said town be punished as for the violation of the ordinances of said town relating to nuisances. Lewd houses, etc., suppression of. Sec. 42. Be it further enacted, That the mayor and council of said town shall have power and authority to prohibit by ordinance the running at large in said town of horses, mules, cattle, hogs, sheep, goats, dogs and all other animals or fowls and to prohibit the keeping of hogs, or shall provide the manner in which said hogs may be kept, within said town limits, or if allowed to keep therein, in the mayor and council's discretion to regulate the manner and

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places in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of other persons than the owners without permission or consent of the owner of such property, and to charge such fees for same as said mayor and council may prescribe, and in addition thereto charge for the keep of any animal so impounded. Should the owner of any animal fail or refuse to pay the impounding fee and cost of keeping said animal the same may be sold at public outcry before the town hall and the proceeds applied to the payment of said fees and cost, under such rules and regulations as the mayor and council shall prescribe by ordinance. Animals. Sec. 43. Be it further enacted, That any person violating any of the ordinances of said town flee from jurisdiction thereof, he or she may be apprehended and arrested, wherever found in the State, and the warrants of the mayor, mayor pro tem. or acting mayor of said town shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested wherever found in this State and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said town or its officers may be tried for such escape and punished therefor not exceeding penalties therein before provided. The said mayor and council shall have full power and authority to provide for said town a safe and suitable prison for the keeping and detention of prisoners and convicts of said town and of persons charged with the violation of the ordinances of said town before or after conviction, and to appoint a custodian or keeper thereof. Arrest of fugitives.

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Sec. 44. Be it further enacted, That said mayor and council shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the town ordinances and the procedure in all such trials. All executions in favor of said town for the enforcement and collection of any fine, forfeiture assessment taxes or other claim, demand or debt shall be issued by the clerk and bear test in the name of the mayor or mayor pro tem. (except when provided in this charter) and shall be directed to the marshal of said town, and to all and singular the Sheriffs and constables of the State, and shall state for what issued, and made returnable to the mayor and council of said town ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as Sheriff's sale of real property or Constable's sales of personal property are required by law to be made. Any sales thereunder shall be made at the court house in said town, and within the usual hours of Sheriff's and Constables sales, and under the same rules and regulations that govern Sheriff's and Constable's sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium thereon and interest on said principal amount at the rate of seven per cent. per annum. Whenever at any such sales for taxes due, no one present shall bid for the property put up for sale as much as the amount of such execution and all cost, after such property shall have been cried a reasonable time, then any duly authorized or appointed agent of the town may bid off such property for said town, and the marshal or such other officer making the sale, shall make the town of Ball Ground

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a deed to the property so sold, and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided for the redemption by the owner shall have expired and the marshal or other officer making the sale shall put said town in possession, and the mayor and council shall have no right or authority to divert or alienate the title to the owner to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by the ordinances of said town. The clerk of said town shall enter on his execution docket to be kept by him, all executions issued giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said execution after being satisfied shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by Sheriffs of this State and the officer making the sale shall have the same power as Sheriffs to put purchasers of property sold by them in possession. Accusations, warrants, etc. Executions. Sec. 45. Be it further enacted, That the mayor and council shall have full power and authority through a committee from its body or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working of conduct and business of any officer or office in said town, and shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the mayor and council prior to the first regular meeting of the mayor and council, in each year, by suitable committees, or otherwise, to examine and audit for the year ending

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on December thirty-first preceding, all books, vouchers and papers of every official of said town or of any board thereof charged with the collection, keeping or expenditure of any public funds. Authority of mayor and council. Sec. 46. Be it further enacted, That the mayor and council shall prescribe by ordinance how and by whom purchases of supplies, materials and other necessary articles for said town or for any department thereof, shall be made or contracted in behalf of said town, and no purchase or agreement or contract of purchase, made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said town. Supplies, etc. Sec. 47. Be it further enacted, That in case the mayor, or any councilman, while in office shall be guilty of malpractice or wilful neglect in office or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming him or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the mayor and council, or by council in case of the mayor, and upon conviction by not less than three votes shall be removed from office. Malpractice, etc. Sec. 48. Be it further enacted, That it shall not be lawful for any official of said town of Ball Ground to be interested directly or indirectly in any transaction with, sale, or to work for, or contract with the town of Ball Ground or any department of government or service of said town, involving the expenditure of any public funds of said town. Any violations of this Section by the mayor or any councilman, or other officer of said town, shall on conviction thereof be punished as a misdemeanor under the laws of Georgia. Officials must have no transactions of personal interest with town.

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Sec. 50. Be it further enacted, That at the close of each fiscal year, the clerk of the town shall make and submit to the mayor and council at the first regular meeting in the year a full tabular statement of the assets and resources and liabilities of the town, with an itemized estimate of the probable receipts, and of the probable necessary expenses for the ending year, and shall from month to month at the regular meeting in each month of the mayor and council, submit a statement of all appropriations and expenditures made or authorized by the mayor and council to the end of the preceding month chargeable against the estimated income for that year. Clerk's yearly statement. Sec. 51. Be it enacted, That any of the officers of the town of Ball Ground who may be sued for any Act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor or council or other officers of said town, or either of them, for any act or acts done by them or either of them under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Official acts protected. Sec. 52. Be it further enacted, That the mayor and council of the said town of Ball Ground shall have the power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said town and the inhabitants thereof and that may be deemed necessary to foster and promote virtue and good morals in said town; to suppress lewdness, gaming and disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized in the charter. The said mayor and council shall have full power and authority to adopt and enforce

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any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said town, and said mayor and council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said town, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers on municipal corporations, and not inconsistent with the laws of this State. Ordinances. Sec. 53. Be it further enacted, That the mayor and council of the town of Ball Ground shall have the power and authority, so that when it is necessary for said corporation to issue any bonds for the purpose of erecting any electric plant, waterworks, to purchase any real estate, to erect any building for municipal purposes, to put in sewer pipes, and to meet any extraordinary debt, the mayor and council shall pass an ordinance setting out clearly and fully the object and purpose of issuing bonds, the amount of the bonds to be issued, and when and how to be paid. Said ordinance shall also provide for an election by the voters within said corporation, specifying when said election shall be held. Bonds, etc. Sec. 54. Be it further enacted, That when an election has been ordered to authorize an issue of bonds, the full ordinance authorizing the same shall be posted at at least three of the most public places in said town for a period of thirty days before said election is held. At said election all qualified voters shall be entitled to vote. Those favoring the issue of bonds shall have written or printed on their ballots For bonds. Those opposing the issue of bonds shall have written or printed on their ballots Against

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bonds. Two-thirds of the voters legally authorized to vote shall be cast For bonds in order to authorize the issuing of bonds; provided , any one election shall be held each year for the same purpose, but any issue of bonds may be submitted again at any time after one year. Bond election. Should the bond issue carry at an election held as above provided, then the mayor and council shall have power to appoint a number of citizens, in their discretion, who shall be known as the Water and Light board, and the mayor and council shall fix by ordinance, the manner of electing the number to serve on said board and the length of the terms of office of each and their compensation and powers. Sec. 55. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act there shall be established in and for the town of Ball Ground, Cherokee county, Georgia, a system of public schools, the same to be established, maintained, supported, conducted and provided for in manner as hereinafter set forth. Public schools. Sec. 56. Be it further enacted, That the present mayor and council of the town of Ball Ground shall on and immediately after the approval of this Act, appoint five experienced and discreet citizens of the town of Ball Ground, who shall compose and be designated as the board of education of the town of Ball Ground, and said persons and their successors in office in said corporate name shall have the right to sue and be sued, to have perpetual succession, to have and use a common seal, to hold, have and possess by purchase, lease, gift or otherwise real or personal property, and to sell, convey and dispose of the same or any part thereof. The rights, titles and interests to all school properties belonging, owned or controlled by the public, both

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real and personal, in the town of Ball Ground, shall vest in said board. Any school buildings and properties now located, or to hereinafter be located, in said town of Ball Ground, both real and personal, shall vest with complete control in said board, otherwise said board shall not have power to aid in any way with funds or otherwise, any school or buildings, where the above obligations have not been complied with. All vacancies occurring in said board by death, resignation, expiration of term of office, removal or otherwise shall be filled by the mayor and council of the town of Ball Ground. No person shall be eligible to membership to said board unless he is a bona fide resident of Ball Ground, or owns taxable property in the town of Ball Ground. Three members of said board shall constitute a quorum for the transaction of all business. Board of education. Sec. 57. Be it further enacted, That two of said members to be appointed, as set out in the preceding paragraph, shall be appointed and shall hold office for two years, or until their successors are appointed and three of whom shall be appointed for the term of four years, and the successors to all of said offices shall be appointed for the term of four years. Term of office. Sec. 58. Be it further enacted, That the officers of said board shall be a president, secretary and treasurer. Officers shall be elected by the board and shall hold their offices at will of the board; their duties shall be prescribed by the board. Secretary and treasurer shall constitute one office, and the secretary and treasurer shall give bond and security in an amount to be fixed by the board for the faithful performance of his duties. The president shall be, and the secretary and treasurer may be, chosen from said board. Officers.

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Sec. 59. Be it further enacted, That the duties of said board of education shall be to establish such schools in said town of Ball Ground as shall be necessary; to provide school houses by building, purchasing, renting or otherwise, to repair the same; to employ teachers; to receive donations for school purposes; to prescribe the course of study for the schools; to fix the salary of teachers; and to make all such rules and regulations for the government of said board and for the government of said schools, and for the receiving and payment of school funds in said town as may be necessary and as are not in conflict with the laws of this State. Duties of board. Sec. 60. Be it further enacted, That for the maintenance and support of said public schools, the County School Commissioner of Cherokee county shall pay over to the secretary and treasurer of said board of education so much of the State school fund for said county as said town of Ball Ground may be entitled to; and said funds shall be prorated between the town of Ball Ground and the remainder of Cherokee county, according to their respective population. School fund. Sec. 61. Be it further enacted, That the said board of education may require each non-resident child, upon entering said school, to pay to said board an incidental fee, said fee to be fixed by said board; said fee may in whole or in part be arranged for and paid by the board of education of the county of Cherokee for pupils of other districts of said county who may attend the public schools in the town of Ball Ground. Non-residents may be required to pay incidental fees. Sec. 62. Be it further enacted, That separate schools shall be provided for white children and colored children. Separate schools for white and colored.

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Sec. 63. Be it further enacted, That the term of said school shall be fixed by the board of education of Ball Ground and shall be free to all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors bona fide reside within the corporate limits of Ball Ground, but the children of non-resident and property owners of said town of Ball Ground may be admitted to said schools on such terms and conditions as the board of education may prescribe. Terms. School free to whom. Sec. 64. Be it further enacted, That all sums collected and paid as aforesaid and all sums arising by special taxation or by the sale of any property held by it, either real or personal, shall constitute the public school fund for the town of Ball Ground, and shall be used and paid out by the board of education of the town of Ball Ground for the payment of the salaries of teachers, building, renting, leasing or purchasing, building, repairing or insuring the same, purchasing school furniture and educational appliances, and for such other purposes connected with public schools of said town as may in the discretion of said board be for the good and general welfare of said schools. School fund. Sec. 65. Be it further enacted, That the mayor and council of the town of Ball Ground be, and they are, hereby authorized, empowered and required to levy each year after the ratification of this Section of this Act by the qualified voters of said town of Ball Ground, such special tax as the said board of education may recommend, not to exceed three-fourths ([UNK]) of one per cent. on all property of said town subject to taxation by said town and collect the said tax and pay the same over to the secretary and treasurer of said board of education, but before this Section of this Act shall become operative, the same shall be submitted to

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an election for approval or disapproval by the qualified voters of the town of Ball Ground, at an election to be held for that purpose, at such time as the mayor and council of the town of Ball Ground may determine. Notice of such election shall be given by notice of said election being posted at three of the most public places in said town of Ball Ground for a period of thirty days before said election. Those favoring said tax for public schools shall have written or printed on their ballots, For tax for public schools; those opposed shall have written or printed on their ballots, Against tax for public schools. Said election shall be held in the same manner as State elections are held and shall be held at the courthouse in Ball Ground, and all those qualified at State elections and who in addition thereto have resided in Ball Ground thirty days and have paid all taxes due by them to the town of Ball Ground, and have registered with the clerk of the town of Ball Ground, which clerk is hereby made registrar and who shall keep a book open for the purpose of registering voters for forty days before said election and which book shall be closed five days before said election, shall be permitted to vote in the election herein provided for. The managers of said election shall certify the result of such election to the mayor and council of the town of Ball Ground, and if two-thirds of the persons voting at said election shall vote for Tax for public schools, the mayor of the town shall then so declare in writing and enter same upon the records of the minutes of the town, and shall publish his declaration by posting same at three of the most public places in the town of Ball Ground, and upon said publication, this Section of this Act shall become of full force and effect, and the tax herein provided for shall be levied and collected. The election herein provided for may be held once every

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twelve months until same has received the necessary two-thirds for Tax for public schools. School tax may be levied when. Sec. 66. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the town of Ball Ground, which are now in force and not inconsistent with nor repugnant to any provisions of this Act shall remain in full force and effect, under this charter, until repealed, altered or amended by the mayor and council. Old laws not repugnant preserved. Sec. 67. Be it enacted, That authority to carry out and effectuate by ordinances, and to provide penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary, and all further powers granted to said town of Ball Ground as reincorporated under this Act be, and are hereby, expressly conferred on the mayor and council of said town now in office, and their successors. Ordinances. Sec. 68. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Ball Ground and conferring powers on the same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provision hereof, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Former acts merged. Approved August 21, 1911.

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BALL GROUND SCHOOL DISTRICT INCORPORATED. No. 228. An Act to incorporate the Ball Ground School District, in Cherokee county, and define the boundaries of same; to establish a board of education therein; to confer on said board certain powers to regulate the management and control of schools in said district, and to provide revenue for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act and the ratification of the same, as hereinafter provided, there shall be established a corporate school district in and about the town of Ball Ground, in Cherokee county, to be known as the Ball Ground school district, which district shall take in all the territory beginning where Long Swamp creek enters into the Etowah river going up Long Swamp creek in a northerly direction to the Pickens county line, thence westward along the Pickens county line to the L. J. Spence place lot No. 231, taking in said lot, continuing the Pickens county line to the corner of Ball Ground and Clatons district, thence southerly with the line of Ball Ground and Clatons district to Sharp Mountain creek at the H. E. Robertson farm land lot No. 304, thence down Sharp Mountain creek to where same empties into the Etowah river, thence up the Etowah river an easterly direction to the mouth of Long Swamp creek. Ball Ground school district incorporated. Corporate limits. Sec. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board known as the board of education composed of five

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persons, two of said board to reside within the corporate limits of Ball Ground, the other three of said board shall reside outside the corporate limits of Ball Ground and be so located that they will be thoroughly familiar with their respective parts of the district. All members of said board shall be of good moral character and favor education, and which board by that name and style shall have perpetual succession, have and use a common seal, have a right to sue and be sued and shall have power to purchase, receive and hold to them and their successors in office for school purposes any estate, real or personal, and of every kind and character. Board of education. Sec. 3. Be it further enacted, That on October 14th, 1911, an election shall be held at Ball Ground, Ga., for the ratification of this Act, said election to begin at 8 A. M. and close at 4 P. M., and shall be participated in by only the registered voters of said district. Those favoring the ratification of this Act shall have written or printed on their ballots the words For Corporate School District. Those opposed to the ratification of this Act shall have written or printed on their ballots the words Against Corporate School District. The returns of said election shall be immediately sent to the Ordinary of Cherokee county. If a majority of the registered voters voting in said election shall vote for corporate school district, the Ordinary shall declare this Act ratified, and the same shall become of full force. If a majority of the registered voters voting in said election vote against corporate school districts, then this Act shall be of no effect and void; provided , that by a petition of one-fourth the qualified voters of said district the Ordinary of Cherokee county shall call another election once each year thereafter until this Act shall be ratified as hereinbefore provided. Election to ratify this act.

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Sec. 4. Be it further enacted, That at the same time and place of the ratification of this Act the board of education for said district shall be elected in the following manner: The two persons residing within the corporate limits of Ball Ground receiving the greatest number of votes shall be elected for a term of three years, the term of the one receiving the second greatest number of votes shall be for two years. The three persons residing outside the corporate limits of Ball Ground receiving the greatest number of votes and located as provided by this Act shall be declared elected. The one getting the greatest number of votes shall be elected for a term of three years, the term of the one getting the second largest number of votes shall be two years, the term of the one getting the third greatest number of votes shall be one year. At the expiration of the term of any of the board, the board shall call an election, and a successor to the member or members, as the case may be, shall be elected for a term of three years, and the successor shall always be located as provided by this Act. Election of board of education, terms of office. Sec. 5. Be it further enacted, That said board of education shall immediately after this Act goes into operation, organize by electing a president and vice-president, secretary and treasurer, which president and vice-president shall be members of said board, and which secretary and treasurer may or may not be a member of said board. No member shall receive compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the board at the beginning of their terms and shall not be thereafter changed during said term. The secretary and treasurer may be removed from office by the board for sufficient cause, in their discretion. The secretary and

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treasurer shall give good and sufficient bond to be fixed and approved by the board. Organization of board. No person shall be a member of said board, or fill the office of secretary and treasurer who is not a bona fide resident of said school district and a freeholder. Sec. 6. Be it further enacted, That said board of education shall have the power to adopt a system of public schools in said district and to elect a superintendent and prescribe his duties, and to remove him for cause, in their discretion; to employ, suspend or remove teachers and fix their compensation by salary and otherwise; to take and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they may deem proper, not in conflict with the laws of this State, and to do any and all things to promote the educational interests of said district not in conflict with the provisions of this Act, or the laws of this State; provided, That said board shall not have the power to purchase property, where the purchase price exceeds five hundred dollars, or sell it without the consent of a majority of the qualified voters of said district to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board for twenty days prior to the holding of the same, and which election shall be held in accordance with the laws governing the election of members of the legislature, and in which election the returns shall be made to the board of education of said district who shall publish the same, and any citizen may contest the legality of said election or the correctness of said returns in the same manner as contests are made in the elections of justices of the peace and constables; provided, further , that said board may purchase property sold

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under tax executions issued for taxes to support the school systems of the district as well as fuel, crayons, erasers, and other articles of necessity to meet the current demands of the schools without an election. Powers of Board. Sec. 7. Be it further enacted, That the board of education for said district shall have power, and it shall be their duty, to fix the rate of tuition for non-resident pupils. They shall receive from the State School Commissioner direct, the district's share of the public school fund, and it shall be the duty of the State School Commissioner to pay said money to said board. Said board shall give any and all information concerning said school district to the State School Commissioner that may be demanded by him. They shall determine the amount necessary to be raised by taxation on all the property of the district which, augmented by the public school fund and other incomes of the district, will, when economically administered, pay the current expenses of said school system; provided , the rate of taxation shall not exceed one per cent. Said board shall ascertain from the tax returns made to the Tax Receiver, and from the returns made to the Comptroller-General, the total value of all property in said district subject to taxation for county purposes, and a regular digest of all such property in said school district shall be made in a book kept for that purpose by the board of education of said district. At or before the time of fixing the rate of taxation for the county, said board shall levy such rate on the property thus found as will raise the total amount to be collected. Said board of education, at or before the time for fixing the rate of said county by the proper authorities thereof, shall certify to said authorities and to Comptroller-General of the State, the rate of taxation fixed for said school district, and said authority of said county shall levy such special tax at the

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same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said district shall be furnished by said board to the Tax Collector of the county, and it shall be his duty to compute and collect said taxes and turn same over to said board, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking their receipt for same, and said Tax Collector shall receive as compensation therefor two and one-half per cent. of the amount collected. In any case in which it is impossible to determine from the tax returns made to the Tax Receiver of the county the value of the property of any citizen situated in said district, the secretary of the board of education for said tax payer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation. Should said returns be unsatisfactory to said board of education, the same shall be rejected and submitted to arbitration as is now provided by law for such cases when returns are rejected by Tax Receivers. Tution, prorata share of State school fund and taxation. All property, both real and personal, including franchise belonging to railroad, telegraph, and telephone companies and to all other corporations which are now required to make their returns to the Comptroller-General of this State, which is in the taxable limits of said district shall be and the same is hereby made subject to taxation by said school district as fully and completely as is the property of other corporations within such taxable limits. It is hereby made the duty of every such corporation in this State in addition to the facts now required to be shown in their returns to the Comptroller-General, to also show in said returns the value of such corporations property in said district. The rolling stock, franchises, and other personal

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property of such corporations shall be distributed to said school district on the same basis that rolling stock, franchises and other personal property are distributed to counties and municipalities under the law, that is as the value of the property located in said school district is to the whole located property, real and personal, of such corporations such shall be the amount of rolling stock, franchises and other personal property to be distributed for taxing purposes to said school district and the same shall be collected as is now provided by law for such purposes. Railroads, etc., subject to taxation. Sec. 8. Be it further enacted, That the board of education for said district shall annually make a report to the public in writing of the condition of said schools, and oftener if petitions to do so by one-fourth the voters of the school district and they shall accompany their reports with a full itemized statement of all money received and expended by said board. Reports of board. Sec. 9. Be it further enacted, That the board of education of Cherokee county shall not establish any other school or contract with any other person, to teach a school of any character in said district, and all property now used by the board of education for school purposes in said district shall be turned over to the board of education for said school district, and the complete control of such property shall be vested in said board of education for said school district. County school. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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BAXLEY, CITY OF, NEW CHARTER. No. 309. An Act to create and establish a new charter for the city of Baxley; to declare the rights, powers and privileges of said corporation; to provide for a mayor and council and for other officers for same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory in the county of Appling, hereinafter described, are hereby continued incorporated by the name and style of City of Baxley, being hereby incorporated under same name, and under said name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations; and said city may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make, enact and enforce through its mayor and council such ordinances, rules and regulations for the welfare and proper government of said city as its officers may deem proper; buy, have, hold, receive or possess, or rent, lease, sell or convey such property, real or personal, as may be necessary or advisable, and do all such acts and things not prohibited by law as may be necessary or advisable for the proper conduct and management of the affairs of said municipal corporation. Baxley, city of, corporate name. Sec. 2. That the corporate limits of said city of Baxley shall not extend more than one mile in each and every direction from the point where the Southern railroad depot in said city is now located, and such less distance and including such territory within said mile limit as may be fixed by ordinance of the mayor and council of said city,

Page 701

with the right and privilege on the part of the mayor and council to at any time by ordinance extend the corporate limits of said city so as to include all of the territory within the mile limit herein designated. Corporate limits. Sec. 3. That the municipal government of said city shall be vested in a mayor and five councilmen, who shall constitute the city council, and who shall be elected and whose term of office shall be as follows, to-wit: On the second Wednesday in December, 1911, an election shall be held in said city for the purpose of electing a mayor and council under this charter, at which election a mayor and five councilmen shall be elected, two councilmen being voted for in said election to serve for two years, the other three to serve for one year. Thereafter the term of office of the mayor shall be for one year and the terms of office of all councilmen shall be for two years. On the second Wednesday in December of each year thereafter an election shall be held at which election a mayor and either two or three councilmen shall be elected accordingly as the term of either two or three such councilmen shall be about to expire. All officers of said city shall serve until their successors are elected and installed and the terms of the mayor and councilmen shall begin on the first Monday in January after election; provided , the present mayor and council of the city of Baxley shall continue to serve as mayor and council of said city under this charter until their successors shall have been elected and qualified. Mayor and councilmen. Sec. 4. That no person shall be eligible to the office of mayor or councilmen who shall not be twenty-one years of age and have resided in said city for twelve months immediately preceding his election and be a qualified voter and entitled to register in the municipal elections of said city. Qualifications.

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Sec. 5. That all elections for municipal officers of said city or for other purposes shall be under the supervision and conducted by three managers to be designated by the mayor and council who shall be citizens of said city and entitled to vote in the elections for officers thereof, and before entering upon their duties shall subscribe to an oath to faithfully and impartially discharge the duties of such managers and truly declare the result of such election. Said managers shall keep two lists of such voters and two tally sheets, and at the conclusion of the count, shall deposit same together with the votes cast and a certificate of the result of the election with the clerk of the council, declaring elected the persons receiving the highest vote. The place of holding said election shall be the council chamber, and the polls shall be kept open between the hours of eight and three o'clock. Election managers. Sec. 6. That every male citizen of said city, twenty-one years of age, who shall have been a resident of this State for twelve months next preceding said election, and three months within the corporate limits of said city, and shall have paid all taxes due by him to said city and who is registered according to the laws of said city and qualified to vote for members of the General Assembly of said State, shall be qualified to vote at any election held in and for said city for any purpose whatever. Voters. Sec. 7. That on the first Monday in January, after election, a joint meeting of the old and new mayor and council, the newly elected mayor and council shall appear and subscribe to the following oath before some officer authorized to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or councilman) of the city of Baxley during

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my continuance in office, and faithfully and diligently enforce the laws of said city and State, and, to the best of my ability, advance the interests of said city and discharge the duties of its officers without partiality or favor; so help me God. Oath of mayor and council man. Sec. 8. That the mayor shall be the chief executive officer of said city. It shall be his duty to preside at all meetings of the city council; to see that all proceedings are conducted in a parliamentary manner; to preserve order and decorum at all meetings of the council, whether regular or called, and to that end is hereby authorized to punish any person guilty of contempt before said council by imposing such penalty as may be authorized for violations of the municipal ordinances, and to require the marshals of said city to enforce the same as in other cases; to see that all laws, ordinances, rules, regulations and resolutions of said city or the council are faithfully and fully executed and enforced; to appoint all committees, to see that the officers of said city shall faithfully perform the duties required of them; to see that all municipal and State laws are enforced within the limits of said city; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient; to inspect the records and books of account of the officers of said city and see that they are properly and correctly kept; to require such reports made by such officers to the council as he may see proper; to see that order is maintained in said city, and that its property and effects are preserved. Said mayor shall exercise a general supervision and jurisdiction over the affairs of said city; he shall have authority to convene the council in extra session as frequently as he may deem proper; to exercise the function of a committing court; to

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punish for contempt before the mayor's court or the council by inflicting such penalty or penalties as may be authorized for the violation of municipal ordinances; to appoint such special police officers as he may see fit; to bind said city by signing any contract or deed or other matter entered into or authorized by the city council, and to do such other acts and things as may be necessary and proper in the proper conduct of the affairs of said city, and as may be herein further authorized. Mayor, powers and duties. Sec. 9. That it shall be the duty of the councilmen to faithfully and diligently discharge such duties as are usual to such office; to attend all regular and special meetings of the council; to faithfully and diligently look after the affairs of said city and faithfully and attentively perform such services as they may be required to do on committees and otherwise. Duties of councilmen. Sec. 10. That said city council shall be authorized to elect a mayor pro tem. from their body, who in the absence, disqualification or disability of the mayor, shall have such authority as is herein vested in, and be required to perform such services as are herein required, of the mayor. Mayor pro tem. Sec. 11. That in the absence or disqualification of both the mayor and mayor pro tem. the members of the council shall appoint some member of their body to act instead of the mayor during such time, and said person shall have all the authority of the mayor during such time as he may be thus acting. In the absence of mayor and mayor pro tem. Sec. 12. That said council shall be authorized to employ such police officers as they may see fit for the proper police protection of said city, which officers shall be known

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and designated marshals, or marshals and deputy marshals, as may be provided by ordinance, and who shall be elected for such term not exceeding twelve months as the council may see fit, and who shall receive such compensation as may be fixed by the council, and any one of whom shall be clothed with such authority, as may be hereinafter be conferred upon the marshal, and who shall be directly responsible to the mayor of said city and subject to his orders, to elect a clerk and a treasurer, one person being hereby made ineligible to fill both places, to fix their duties, compensation and term of office not exceeding one year, any one or all of which officers shall be subject to removal at the will of the council without notice and without trial, and without the right to receive any further pay. The council or any committee thereof shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, who shall receive such compensation as may be fixed by the council, and who shall be subject to removal without notice, and to employ and appoint such other officers as may hereinafter provided for as the city council may see fit. No cost or fees shall be paid the marshal for making arrests inside of city or for making cases. Police officers, clerk and treasurer, etc. Sec. 13. That the city council shall have the right to fix such salaries for the mayor and councilmen as it shall see fit, which salaries shall not be increased or diminished during their continuance in office, said salaries to be fixed at the last regular meeting preceding each regular election. Salaries. Sec. 14. That all officers elected by said city council shall be required to give such bonds and subscribe to such oaths as may be required by the council. Official bonds and oath.

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Sec. 15. That the mayor of said city shall give notice of all elections and where the same will be held at least ten days before said election by publishing such notice one time in some newspaper published in said city; and in the event there should be a vacancy in the office of councilman the mayor shall immediately call a special election to be held under the same rules and regulations as regular elections, notice of such call prescribing the time and place for holding said election to be published in some newspaper published in said city one time at least ten days before the date of said election, and in the event of a vacancy in the office of mayor, a majority of the council then acting shall call an election to fill said vacancy in the manner above prescribed, the registration of the last preceding election to govern as to whom shall be entitled to vote in said election, the rules governing in regular elections to govern and control in all elections of whatever kind in and for said city; provided , it shall not be necessary to have an election for the purpose of filling a vacancy in the office of mayor or in the office of councilmen where the term of said mayor or councilmen would expire within three months from the date of the occurrence of such vacancy, but in such case the mayor pro tem. shall act as mayor until the next regular election; and provided, also , that there are not more than two vacancies in the office of councilmen at the same time. Notice of call of elections above provided for may be given by publishing same at council chamber and two other public places in said city in time of publishing in newspaper. Notice of elections. Sec. 16. That the mayor shall not vote on any question except in case of a tie, and that no ordinance or resolution by the city council shall become effective until the same shall have been approved by the mayor, unless the mayor

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shall fail within three days from its passage to file with the clerk of council his reasons for refusing to approve said resolution or ordinance. Upon the mayor so filing his reasons for not approving the same, a meeting of the council shall be called for such time as may be requested by a majority of the council before which the clerk shall read the order of the mayor refusing to approve such ordinance or resolution, which may then be passed without the approval of the mayor upon a majority of the members of the council voting therefor. In the event no special meeting is called, the clerk shall read the order refusing to approve any ordinance or resolution before the next regular meeting of the council, which may be then passed as above provided. Vote and veto of mayor. Sec. 17. That meetings of the city council shall be held at such times and places as may be by the council determined. Four members, including the mayor, shall constitute a quorum. The council may provide such rules and regulations with respect to its ordinances and resolutions becoming effective, not inconsistent with the provisions hereof, as it sees proper. Meetings of council. Sec. 18. That in addition to such duties as may be prescribed by the council, it shall be the duty of the clerk to attend all meetings of the council, keep a careful and accurate record of its proceedings, carefully collect all revenues due said city except such as the ordinances of said city require to be collected by some other officer, and to faithfully account for the same, furnish to the mayor or council such information as may be requested by either, open his books at any time to any citizen of said city requesting to see the same, and perform such other duties as may be required of him by the mayor or by the city council. Duties of clerk.

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Sec. 19. That the city council may, in their discretion, elect a city attorney whose duty it shall be to draft such ordinances as may be required by the council, attend such meetings of the council as may be required; prosecute offenders before the mayor's court when requested by the mayor or directed by the council, and perform such other duties as may be required by the council, the compensation of such attorney to be such as may be fixed by the council. City attorney. Sec. 20. That the city council shall be authorized, in its discretion to elect a board of health consisting of such number of citizens of said city, one of whom shall be a practicing physician, as the council shall see proper. Said board of health or any member thereof shall have the right to inspect the premises of any citizen, prescribe such regulations for the sanitary protection of said city as it may see fit, abate nuisances endangering the health of said city under the same conditions as may obtain for the abatement of nuisances before the city council; have its orders enforced by the marshals. and have such other authority and powers as may be conferred upon it by ordinances of the city council. Board of health. Sec. 21. That the mayor of said city shall have the right and authority to hold a mayor's court in and for said city at such time and place as may be prescribed by ordinances of the city council, for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said city, and for such violations to punish by fine not to exceed three hundred dollars, by confinement in the guard-house or jail of said city, or the common jail of Appling county, not exceeding thirty days, or by work on the chaingang, public works, streets or alleys of said city not exceeding sixty days, any one or more or all three of which penalties

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may be imposed in the discretion of the mayor. If in trial of any case before said mayor's court it shall appear that a State offense has been committed by the persons being tried, it shall be the duty of the mayor to bind said person over to the State courts to answer for said offense, said commitment to take effect at the expiration of such term of service as may be imposed by the mayor for the commission of the city offense. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used in evidence, by punishing as for contempt, and to punish for contempt by imposing such penalties as the mayor or acting mayor may see fit, not exceeding the punishment authorized for the violation of municipal offenses. The mayor shall have the right and authority to issue warrants for offenses committed against the ordinances of said city and to issue warrants for State offenses committed in said city. In the absence, disability or disqualification of the mayor, the mayor pro tem. and in his absence, disability or disqualification any member of the council designated by it shall have the right to preside in said court and to exercise all of the rights, powers and functions of the mayor therein. 21. Sec. 22. That the city council shall have the right to build and keep a guard-house or jail and to organize a chaingang and confine at labor therein any person who may be sentenced to work thereon from the mayor's court, said chaingang to be established, operated and conducted under such rules and regulations as may be prescribed by the city council. Guard-house and chaingang. Sec. 23. That if the mayor or any member of the council shall be guilty of wilful neglect of duty, or fail to enforce and carry out the charter provisions or ordinances of said

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city, or shall grossly or wilfully abuse the powers entrusted to them, or otherwise be guilty of malpractice in office, he shall be subject to indictment and punishment as for a misdemeanor, before any court of Appling county having jurisdiction thereof. Mayor and members of council may be prosecuted. Sec. 24. That the city council shall have the right and power to prevent cattle, horses, mules, hogs, goats, dogs or other animals from running at large in said city or being confined in pens therein; to take up, impound and sell any animal running at large in violation of any ordinance of said city, and to prescribe such rules and regulations with respect thereto as the council may see proper. Stock law. Sec. 25. That the city council shall have the right, among other ways, to enforce by execution the collection of any debt or claim due said city for taxes, licenses, rents, impounding fees, bond forfeitures, fines, etc., or for any other claim or demand on account of any matter whatever. Executions herein authorized shall be issued by the clerk of said city or the person acting at his direction, or at the direction of the council in the absence or disability of the clerk, bear test in the name of the mayor and directed to the marshals of said city, and against the person, firm or corporation or property by whom said debt or demand is due or against which it is chargeable, and shall be by said marshals or either of them levied upon any property, real or personal, within or without the corporate limits of said city that may be subject to said execution, and may be sold before the court-house door of Appling county or before the council chamber by any marshal of said city for the purpose of satisfying said execution. When such property is realty, it shall be sold on the regular sales day for Sheriff's sales after advertisement in some newspaper published

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in said county of Appling, for four weeks preceding such sale, giving notice of the time, terms and place of sale; when personalty it may be sold after posting advertisements for ten days at three public places within the corporate limits of said city. All sales herein provided for shall be at public outery to the highest bidder for cash, and deeds made by the marshal of said city making the sale in pursuance of any such sale shall have all the force and effect of a Sheriff's deed. The levy and sales herein provided for may be had by any officer acting under appointment of the mayor as well as the regular marshals. In cases of levy upon land the same notice shall be given by the marshal as provided for Sheriffs in cases of levy upon land. Persons claiming title to any property levied upon may file claims thereto under the same rules and regulations as provided by law for filing claims, such claims when upon personalty, to be returned to and tried in the City Court of Baxley, and when upon land to be returned to and tried in the Superior Court of Appling county. Parties having any such defense as might be set up by illegality in the State Courts, may file affidavits of illegality to any executions herein provided for, upon the same terms and conditions and subject to the same penalty of illegalities filed in the State Courts. Such illegality shall be returnable to and triable in the mayor's court of said city under the same rules and regulations as relate to the return and trial of illegalities in the State Courts. Collection of taxes, etc. Sec. 26. That it shall be lawful for the marshals of said city to arrest without warrant any person within the corporate limits of said city who at or before the time of said arrest has been guilty of violating any of the ordinances of said city, or any State law, and to hold the persons arrested until trial in the guard-house of said city or such

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place as may be by the city council provided, or to take bond for the appearance of such persons for trial before the mayor's court. Said marshals are likewise authorized to make arrest anywhere within the limits of Appling county for violation against the ordinances of said city upon warrants issued by the mayor of said city upon affidavit duly made. Arrests. Sec. 27. That the marshals of said city may take bond for the appearance of any person arrested for any offense to appear before the mayor's court, said bonds to be taken and approved in such manner as may be provided by the city council. In the event any person for whom bond may be taken to appear before the mayor's court should fail to appear upon the call of the case in said court at the time provided for his appearance, the presiding officer shall declare such bond forfeited and so enter upon the docket, and execution shall be immediately issued against the principals and sureties of said bond and levied as other executions. The person or persons having defenses to such executions or desiring to file claims may do so under the same rules and regulations and subject to the same provisions for trial as above provided. Appearance bonds. Sec. 28. That the city council shall have the right to declare by resolution or ordinance what shall constitute a nuisance and provide for the abatement of the same. The mayor's court of said city shall have concurrent jurisdiction with the city council in trying and determining the question of what shall constitute a nuisance and in the abatement of all nuisances within said city. When any given thing has been declared by the city council to constitute a nuisance the same may be abated by order of the mayor and the person maintaining the same may be punished as provided

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for the violation of municipal offenses for every day that the same may be maintained after its abatement has been ordered. Where any given matter has not been declared by ordinance of the city council to be a nuisance, the question of whether it amounts to a nuisance may be tried and determined before the mayor's court and its abatement ordered and the punishment above provided for inflicted. In either event, where possible to do so, the person or persons or corporations maintaining the same shall be given at least three days notice of the time and place of trial and the subject matter of the same before said trial shall be had. Nuisances. Sec. 29. That the city council shall have the right and authority to levy and collect upon all property within said city, real or personal, and upon all moneys, notes, accounts, stocks, bonds, and all other species of personal property owned by residents of said city, whether the moneys shall be deposited within or without said city, whether the notes and accounts shall be due by persons living within or without said city, and whether the stocks and bonds shall be in corporations located within or without the corporate limits of said city, and whether said corporations shall be required to be returned for the purposes of State taxation by the president thereof or not, an ad valorem tax for each year not exceeding one and 25/100 dollars on the one hundred dollars of property; provided , said tax rate may be increased for any one year by two-thirds of the residents votes of said city at an election to be held for that purpose voting for said increase, said taxes to be levied and collected for such purpose as said city shall undertake to raise revenue. Ad valorem tax. Sec. 30. That it shall be the duty of the city council to provide blanks for the return of property for taxation, in

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which blanks, in addition to other species of property, every species of property subject to taxation in said city now referred to in return blanks for State and county purposes shall be referred to, upon which blank every citizen of said city and every owner of property therein shall be required to make return under oath at its full, fair market value to the clerk of council at such time and as of such dates as may be required by the city council. It shall be the duty of every person making return to make a full and complete return of all such property as may be owned or controlled by such person subject to taxation in said city. In said return all real estate and all personal property shall be fully described and a valuation placed thereon. Tax returns. Sec. 31. That all property not returned for taxation within the time provided by the city council shall be double taxed. Defaulters. Sec. 32. That on or before the first meeting in February of each year the city council may in its discretion elect three of the most upright and intelligent citizens of said city as city tax assessors. Said assessors or either of them shall hold office not exceeding two years for such time as may be prescribed by the city council. Should a vacancy occur in said board at any time for any reason, the same may be immediately filled by the council. Should any member of said board of tax assessors refuse or fail to serve or fail to neglect to do his duty, of which the city council shall be the exclusive judge, he may be removed in the discretion of the council. Before entering upon the discharge of their duties the said board of tax assessors shall, before the mayor, or in his absence or disability, before some other person authorized to administer oaths, subscribe the following oath: We do solemnly swear that we will faithfully perform the duties of the office of tax

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assessors for the city of Baxley, without favor to any one, and will make a just and true valuation at its full, fair market value, of all property therein subject to taxation as provided in the charter and ordinances of said city; so help us God. Said three persons, one of whom shall be by their number designated as chairman, shall constitute the board of tax assessors for said city for the time they may be elected. Said assessors shall receive such compensation as may be provided by the city council. Tax assessors. Sec. 33. That it shall be the duty of said tax assessors within such time as may be provided by the city council to meet and carefully canvas all tax returns made in said city, placing a valuation on all real estate and personalty returned at the full, fair market value of such real estate and personalty, that in the judgment of said tax assessors has been returned at less than its full, fair market value. It shall be the duty of said assessors to carefully and diligently seek to ascertain the fair market value of all property returned or that they shall assess, and to this end shall inspect the property where necessary, and make such other investigation as may be necessary to ascertain the true value of all property subject to taxation by said city. It shall further be the duty of said assessors to make careful investigation for the purpose of determining whether all property subject to taxation by said city has been returned, and where it is found that it has not been, said property shall be assessed at double its true value. Duties of tax assessors. Sec. 34. That said board of assessors shall have the right to subp[UNK]na witnesses and hear evidence, to compel the production of books and papers and punish for contempt, inflicting such penalties in enforcing the authority herein conferred as may be inflicted in the mayor's court

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for a violation of the ordinances of said city. In subp[UNK]naing any witness or compelling the production of any books or papers, it shall be sufficient to give said witness two days notice to attend before said board of assessors at such time and place within said city as may be designated, or to produce such books and papers as may be desired. Powers of tax assessors. Sec. 35. That the clerk of the city council shall be clerk of the board of assessors, and shall perform such services in connection with said board as may be by said assessors directed. Said clerk shall issue all subp[UNK]nas and notices which shall bear test in the name of the board of tax assessors. Clerk of tax assessors. Sec. 36. That within such time as may be directed by the ordinances of said city, said assessors shall make report to the city council of its actings and doings, after which the city council shall cause taxes to be collected at the valuations fixed by said assessors or that they have returned approved. A majority of said assessors shall constitute a quorum and have all the rights and powers of the whole. Reports of tax assessors. Sec. 37. Immediately upon assessment being made the clerk shall notify by mail the persons whose property have been assessed. Within five days from the date of mailing such notice any person dissatisfied with the assessment placed upon his property may file with the clerk a written protest, specifying wherein said assessment is objected to, whereupon the assessors shall fix a time, of which at least one day's notice shall be given to the person objecting, when said objection will be heard. Upon hearing same said assessors may increase or decrease or leave unchanged the assessment originally made and their action thereof shall be final. Notice of assessments and objections thereto.

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Sec. 38. The foregoing provisions with reference to tax assessors are hereby made optional and may or may not be put into effect as the council of said city may see fit. In the event the foregoing provisions with reference to tax assessors are not put into effect, or at any time same may not be in operation under an ordinance of the council providing for the operation of said provisions, the city council, or any committee thereof, shall have and are hereby given all of the rights of assessment herein provided for and the provisions hereof are hereby made applicable to the council and any assessments made by it. Assessments may be made by council. Sec. 39. That it shall be the duty of the city council to provide a tax digest in which the clerk shall enter the values of all property returned after the same shall have been assessed by the tax assessors or the council or any committee thereof, to the same extent and as fully as is now done by counties. Tax digest. Sec. 40. That said board of assessors shall have the right to fix such rules and regulations not contrary to the charter and ordinances of said city, as it may see fit. Rules prescribed by assessors. Sec. 41. That the city council of said city shall have the right and authority to provide for and collect a special license tax from any person, firm or corporation, or the agent thereof, engaged in carrying on either temporarily or permanently, or who shall offer to so carry on or engage in, any business, profession or calling of any kind or character within the corporate limits of said city or from itinerant trader or peddler, or from any person engaged in carrying on or offering to carry on any sort of trade, trick or device or show or anything akin thereto within said city, said tax, to fully regulate and control all kinds and character

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of trade, business or callings carried on or engaged in within said city, to provide for said license being paid before engaging in said business or calling, and to provide for a penalty as for the violation of municipal ordinances against any person, firm or corporation violating any such ordinance or ordinances. License tax. Sec. 42. That every male person between the ages of twenty-one and fifty years who has resided in said city for fifteen days shall be liable and subject to work on the streets and sidewalks of said city not exceeding fifteen days in each year, or to pay a commutation tax not exceeding fifteen dollars in lieu thereof, as the council may determine, and the city council is hereby authorized to provide that any person failing or refusing to so work or pay when called upon so to do, may be tried and when convicted in the mayor's court, punished as for violation of the ordinances of said city. Street work or commutation tax. Sec. 43. That the city council shall have the power and authority to widen, extend, straighten or otherwise alter any street, lane, alley or square therein, and to this end is hereby given the right to exercise the power of eminent domain and to condemn the lands of any person, firm or corporation, or of any railroad corporation, as may be necessary. Whenever the authority herein conferred shall be exercised, the proceedings or procedure shall be the same as in cases where the right of eminent domain is exercised under the State law, as in the State laws provided, and subject to all its provisions. Condemnation for streets. Sec. 44. That it shall be the duty of the city council of said city to keep the streets and sidewalks in good condition and to this end shall have full power and authority

Page 719

in their discretion to grade, macadamize, drain or otherwise improve the sidewalks and streets of said city, and shall have the right and power to assess the cost of paving or otherwise improving the sidewalks or real estate abutting on the sidewalks so improved, and collect one-half the cost of same by execution, levy and sale. All of the provisions herein before provided for with reference to claims and illegalities in cases of executions issued are hereby made applicable to the two foregoing Sections. Street improvements. Sec. 45. That it shall not be lawful to sell or permit the sale of whiskey, wines, beer or any character of intoxicating liquors within the corporate limits of said city. The city council are hereby authorized to prohibit the sale, or to prohibit whiskies, wines, beers of any character or intoxicating liquors being kept for sale within said city and to provide for the punishment of any person selling or keeping for sale such liquors. The marshal or any police officer of said city is hereby authorized to enter and if necessary, to break open any place where it may be suspected that intoxicating liquors are being kept for illegal sale, and to seize said liquors and, upon order of the mayor, destroy the same. Before making such search, such marshal shall make affidavit before the mayor as to the place or places suspected who shall issue warrant for such search. Sale of intoxicants. Sec. 46. That the city council shall have the right and power to fix such limits within said city as it may see fit which shall be known as the fire limits, and may prescribe what class of buildings shall be erected within such limits and prohibit any other kind or class of buildings from being erected, and provide for the punishment of any person, firm or corporation erecting or attempting to erect any building not coming within the prescribed classification; to

Page 720

provide for the issuance of building permits, and condemn and destroy at the expense of the owner in the manner provided for the abatement of nuisances any building within said city which may be dangerous to life, health or property, or that may be dangerous from the standpoint of fire, or likely to cause the origin or spread of the same. Fire limits. Sec. 47. That the city council shall have the right to revoke at any time without notice and without trial any license that may have been issued by said city by prorating and returning the unearned portion of the free charged. Revocation of license. Sec. 48. That the city council shall have the right and authority to provide such rules and regulations for the registration of voters as it may see proper and prohibit any person voting in any election in and for said city who may not have complied with the same; provided , such rules and regulations shall not be changed within three months next preceding any regular election. Registration of voters. Sec. 49. That the city council shall have the right and authority to pass such ordinances and regulations as it shall see fit preventing idleness, vagrancy, loafing and loitering on the streets or within the corporate limits of said city, and to prescribe a penalty for a violation thereof, to try and punish in the mayor's court any person guilty of vagrancy, and to provide a penalty therefor. Vagrancy. Sec. 50. That the city council shall have the right and authority to provide such rules and regulations and to provide for the punishment of a violation of the same, as shall fully protect the health and sanitary conditions of said city; to require the removal of all garbage, filth, dead animals, weeds, undergrowth and all and everything likely to

Page 721

cause sickness from any occupied or unoccupied lot or place; to cause to be made as often as it may see fit a thorough inspection of the premises of all citizens of said city; to regulate all sewers, drains, wells, ditches, privies, etc., to prescribe such rules and regulations with respect thereto as it may see fit, and to provide for a penalty for a violation of the same; to take such action as may be necessary to put in a sanitary condition the premises of any citizen or any unoccupied lot or place within said city and collect the cost of same by execution out of the owner of such lot, place or premises; to take such action as may be necessary to prevent the spread of contagious diseases, and to do all such acts and things as may be necessary for the perfect sanitary protection of said city. The provisions with reference to filing illegalities to tax executions are hereby made appliable hereto. Sanitary regulations. Sec. 51. That the city council shall have the right and authority to prohibit by ordinance any person engaging in or carrying on any sort of character of business in said city on the Sabbath day, or keeping open any place of business on said day, or engaging in any game or sport within said city on said day, or congregating in crowds within said city on said day, or engaging in any character of noisy or boisterous conduct, or from doing or engaging in anything tending to desecrate or disturb the Sabbath, and to provide for a penalty for a violation of the same, jurisdiction being hereby conferred upon the mayor's court of said city to punish for the foregoing offenses. Sabbath day. Sec. 52. That the city council shall have the right and power to prohibit by ordinance any tramp, street-walker, vagrant, idle person or lewd female from walking the streets and sidewalks of said city and provide for the punishment

Page 722

of a violation of the same. Said mayor and council shall have the right to prohibit persons living in a state of adultery within said city and provide for the punishment of the same, and jurisdiction is hereby conferred upon the mayor's court of said city to try and punish said offenses. Said city council shall likewise have the right to prohibit lewd or disorderly houses being run or maintained within said city, and to punish for a violation of the same, jurisdiction being hereby conferred upon the mayor's court for such purpose, and whenever there is reason to suspect that any character of immoral practices are being engaged in in any house or room in said city, or that gambling is being carried on therein, the marshals or any police officer of said city is hereby authorized to enter said house or room by force or otherwise and arrest the persons therein to be dealt with before the mayor's court as in other cases. Vagrants and lews women. Sec. 53. Be it further enacted, That the funds of said city shall be paid out only upon vouchers drawn by the clerk upon the treasurer and countersigned by the mayor, and no amount shall be paid out for any purpose whatever until the voucher or check drawn for such purpose shall have been so countersigned, the treasurer and his bondsmen being hereby made responsible for any funds paid out in a manner other than as herein provided. In the absence, sickness or disqualification of the mayor, the mayor pro tem. , the chairman of the finance committee, may countersign. Funds of city, how disbursed. Sec. 54. That should the mayor or any member of the council be guilty of malpractice in office, or wilful neglect of his office, or abuse of the power conferred upon him, or shall be guilty of any other conduct unbecoming an officer of the city of Baxley, he shall be subject to impeachment

Page 723

by the mayor and council, and on conviction, shall be removed from office. Mayor and councilmen may be impeached. Sec. 55. The mayor of said city is hereby authorized to compel the attendance of witnesses upon the mayor's court of said city from any part of Appling county, or other county of this State, and to punish as for contempt the failure of any person to attend after having been subp[UNK]naed so to do. Witnesses in mayor's court. Sec. 56. That it shall not be lawful for any person, firm, company or corporation to manufacture, keep for illegal sale or to give away, barter, sell, exchange or use the same directly or indirectly to attract trade or patronage, within the limits of said city, any spirituous, alcoholic, malt, vinous, or intoxicating liquors, drinks, bitters, mixtures, beverages or concoctions, or any imitations of or substitutes thereof or therefor, each of said acts and articles being hereby declared to be a public nuisance, and it is hereby made the duty of mayor and council of said town to enact such ordinances as will effectually prohibit the same, and shall enforce the same by suitable penalties and punishments as prescribed by ordinances. The marshal and policemen of said town shall have full power and authority to enter, and if necessary, to break open and enter any place in said town when the mayor and council may order the same upon reasonable cause to believe or to suspect that the above prohibited articles are therein being manufactured, or stored for sale, or other use contrary to the provisions of this Section, and to seize the same and the apparatus for selling the same; and said mayor and council shall have full power and authority to abate as a nuisance any place in said town where said mayor and council have reasonable grounds to believe or suspect such articles are kept,

Page 724

stored for sale or manufactured, and to arrest the offender or offenders. Upon conviction of any person for maintaining a nuisance, as above stated, and as partial punishment for same, said mayor or council, or said mayor pro tem. shall have full power and authority to direct and cause the marshal and police officers to seize and destroy the stock of above articles found and the apparatus for selling the same, and to otherwise punish such offenders as may be prescribed by ordinance. Prohibition. Sec. 57. That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended and arrested, wherever found in the State, and the warrants of the recorder, mayor, mayor pro tem. , or acting mayor of said city shall be sufficient authority for his or her return and trial upon charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said town or its officers may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. Fugitives from justice. Sec. 58. That the mayor and council of the city of Baxley shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of a system of light and water works, or either both in and out of the city of Baxley, and the said mayor and council of the city of Baxley shall have the right of eminent domain for the purpose of constructing and operating, or extending and operating such a system of waterworks and lights or either; provided, however , that no private property

Page 725

shall thus be taken by the mayor and council of the city of Baxley without compensation first being paid and the method and procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Lights and waterworks. Sec. 59. That the council of said city is hereby authorized to donate rights-of-way to any railroad company over any of the streets of said city for the purpose of constructing lines of railway therein. Rights-of-way may be donated. Sec. 60. That the city council shall have the right and power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to carry out and enforce the authority granted under this charter, and as they may think necessary for the good, order, peace, health, prosperity, comfort and security of said city and the inhabitants thereof; to adopt such rules and regulations for the government of the city council and officers of said city as may be deemed advisable; to prohibit the commission of any character or disorderly conduct within said city; to regulate the speed and running of locomotives within said city; to provide against obstructions in or on the streets, sidewalks, alleys, lanes, etc., of said city, and to have full and complete control of all such streets, sidewalks, etc., to prevent trash being thrown thereon or any class of merchandise or other thing or article being placed therein; to provide for the police officers or mayor of said city calling upon any citizen of said city to aid in the enforcement of the laws thereof, or in effecting an arrest therein, and provide for the punishment of any person failing or refusing to lend such aid; to regulate all classes and species of traffic and trade, shows, performances, or what not within the corporate limits of said city; to regulate

Page 726

the speed of horses, or other animals, as well as vehicles, bicycles, automobiles or other means of locomotion; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the mayor's court of said city of persons engaged in gambling therein; to suppress rowdy and disorderly houses, gambling dens, houses of ill fame, and to prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within said city; to require all residents within said city to keep around their premises and places of business in a healthy, cleanly, sightly condition and free from trash; to take such action as may be necessary to prevent the introduction or spread of contagious diseases; to remove or cause to be removed all buildings, porches, steps, fences or other obstructions in the sidewalks or streets; to regulate and control all taverns and public houses, tanyards, blacksmith shops, forges, stores, chimneys, etc., in said city; to regulate and control all drays, omnibuses, buggies, carriages, wagons and carts, owned, kept or used in said city; to fill up or cause to be filled up all pits, cellars, wells or other excavations in said city; to require the ditching of any place or lot where it may appear necessary; to provide for the issuance of summonses to parties to appear for trial before the mayor's court and punishment as for contempt for any such person failing to appear, and to provide for the issuance of all such other writs, processes, summonses and subp[UNK]nas as it may see fit, with like penalty; to regulate all manner of sports and games engaged in within the limits of said city; to prohibit cruelty to animals within the limits of said city; to prescribe such rules and regulations with respect to engaging in any business or calling within said city and with respect to obtaining a special license as it may see fit; to enact what is commonly known as a curfew law in and for said city; to prescribe the duties of the clerk, treasurer,

Page 727

marshal and other officers of said city and provide a penalty for failure to perform the same; to exercise all the rights, powers and privileges that may be exercised by any municipal government of this State under the general police power of such municipalities, and to provide for the trial and punishment in the mayor's court of said city of persons violating any ordinance, rule or by-law authorized by this charter by the infliction of the punishment hereinbefore authorized to be inflicted by said mayor's court. General welfare. Sec. 61. That said city in its incorporate name shall have, own and possess all property of whatever description now owned by the city of Baxley as at present incorporated, and shall keep up and maintain and operate the present public utilities operated in said city until other plants shall have been provided; that all debts, contracts and obligations of every description now owing to or by said city of Baxley as at present incorporated shall inure to or become chargeable against the city of Baxley in its corporate name and capacity under this charter, as under this charter incorporated; that all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the mayor and council of the city of Baxley as at present incorporated not in conflict with this charter and now of force, are hereby made of binding force and effect in the city of Baxley as hereby incorporated until the same shall have been repealed or superseded by ordinances, rules and regulations adopted by the city council of said city under this charter; that the city council of the city of Baxley as hereunder incorporated shall have full control of all water pipes and mains laid in the streets of Baxley, and shall have the full right and power to control the water supply of said city and fix such rules regulations and charges for same as it shall see fit, and to fix such rules and regulations for the government

Page 728

and control of all public utilities of such city as it may see proper; that neither the Act of the legislature nor any amendment thereto providing for the establishment of a public system in and for said city, nor the Act of the legislature nor any amendment thereof establishing the Omega Cemetery and making it a part and putting it under the control of the city of Baxley shall be construed to be repealed by this Act, but shall be continued in force and effect and are hereby made parts hereof. Existing property rights and ordinances. Sec. 62. Be it further enacted, that all laws in conflict herewith be, and they are, hereby repealed. Approved August 21, 1911. BENEVOLENCE, TOWN OF, INCORPORATED. No. 190. An Act to incorporate the town of Benevolence, in the county of Randolph; to grant certain powers and privileges to the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Benevolence, in the county of Randolph be, and the same is, hereby incorporated as a town, under the name of the town of Benevolence. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Benevolence they may sue and be sued, contract and be contracted with, and exercise all other corporate powers that may be necessary in performing their duties. Benevolence, town of, incorporated.

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Sec. 2. Be it further enacted, That the corporate limits of said town shall extend five-eighths of one mile northward, eastward, southward and westward from the point where the Bank of Benevolence now stands in said town. Corporate limits. Sec. 3. Be it further enacted, That J. R. Ware be, and he is, hereby appointed mayor; E. G. Perryman, E. R. Ward, J. D. Reddick, P. E. Keese and J. W. Keen be, and they are, hereby appointed councilmen of said town of Benevolence, to hold their offices until the first annual election as hereinafter provided. Mayor and council appointed. Sec. 4. Be it further enacted, That on the first Wednesday in January, 1912, and every year thereafter on the same day, an election shall be in the council chamber in the said town for a mayor and five councilmen, who shall hold their offices one year and until their successors are elected and qualified; but no one shall vote for, or be eligible to the office of mayor or councilmen of said town who does not reside at the time, and for three months prior to an election within the corporate limits thereof; who is not qualified to vote for members of the General Assembly of Georgia. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. All contest concerning said elections shall be heard and determined by the Ordinary of said county, but no such contest shall be allowed or heard unless begun within five days after said election. In the event that the office of mayor or any councilman shall become vacant by death, resignation, removal, or otherwise, the mayor, but in case his seat is vacant, a majority of the councilmen, shall order

Page 730

a new election, notice of which shall be given at least ten days before said election is held, and to be conducted as herein set out. Elections of mayor and councilmen. Sec. 5. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall take and subscribe to the following oath, which may be administered by any person authorized by law to administer oath: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor, or councilmen, (as the case may be), of the town of Benevolence, Randolph county, according to the best of my ability; so help me God. Official oath. Sec. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, not inconsistent with the laws of this State. They shall have the power to purchase, hold and convey property insofar as may be necessary for management of said town; to abate nuisances; to take such steps for the preservation of the health of the citizens of said town as they may deem necessary; to establish and open such streets in said town as the public interest may require, and to devise such means for the protection of its citizens from loss by fire as they may deem necessary. Powers of mayor and council. Sec. 7. Be it further enacted, That the said mayor and council shall have power to levy and collect an ad valorem tax, of not exceeding three-quarters ([UNK]) of one per cent upon all property, both real and personal, within the corporate limits of said town, except as hereinafter set out; also such business or occupation taxes as they may determine; the collection of said taxes may be enforced by execution and

Page 731

levy and sale of property, as in case of property liable for State and county taxes; all levies of executions to be by the marshal, or his deputy, and to be conducted as sales by the Sheriff of this State in case of tax executions, except when personal property is levied on; advertisements and sales shall be before the council chamber in said town. They shall also have power to require all persons within said corporate limits, after ten days' residence therein, and who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets; and shall have power to imprison any defaulter who fails or refuses to work said streets when required so to do, in the guard house of said town, such imprisonment not to exceed three days, for every day he fails to work as required. Taxation. Sec. 8. Be it further enacted, That all persons, firms or corporations owning property in said town, except as hereinafter set out, on the first day of April of each year, shall be required to make returns thereof for taxes, under oath, to the tax receiver of said town, and on failure to do so, shall be deemed a defaulter and be double taxed by tax receiver of said town. On failure of any person, firm or corporation, as aforesaid, to pay taxes assessed, executions shall issue therefor as may be provided by the mayor and council. Tax returns. Sec. 9. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., (who shall be elected by the councilmen from their own number) who shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of council are faithfully executed; he shall hold police courts, try offenders

Page 732

for violations of ordinances and rules prescribed for the government of said town, and may punish violators of the same by such fine or imprisonment, or both, or work on the streets of said town, as may be prescribed by the mayor and council; and when sitting as a court may fine for contempt, or imprisonment for such, not exceeding five days, any person misbehaving in the presence of said court or failing to obey its lawful summons; he shall have power to issue executions, attested by the clerk, for all fines, penalties and writs issued by him, or he may require the immediate payment thereof, or in default of such payment he may imprison the offender in the guardhouse of said town not exceeding thirty days; he shall have control of the police of said town, and may appoint special police whenever he may deem it necessary. It shall be his duty to see that the peace and good order of the town are preserved and that the citizens and property are protected; and to this end he may cause the arrest and detention of all violators and disorderly persons in said town. Mayor, powers of. Sec. 10. Be it further enacted, That the said mayor and councilmen at the first meeting after their qualification (or at their next meeting, if they deem best), shall elect a clerk, who may be one of their own number, or any citizen of said town. Said Clerk shall also be the tax receiver of said town, and shall issue all executions for taxes and collections of fines and other indebtedness, except when otherwise provided; and shall sign all summons or other process pertaining to the mayor's courts. Said mayor and council also elect a treasurer, who shall also be tax collector, from their own number, or from any citizen of said town; they shall also elect a marshal, and prescribe the duties of the several officers elected. From all of said officers a bond

Page 733

shall be taken, such sum as the council may require, to be approved by the mayor, conditioned for the faithful discharge of their duties. They shall also take and subscribe an oath that they, and each of them, will well and faithfully discharge their several duties as clerk, treasurer, or marshal, as the case may be, to the best of their skill and knowledge. Municipal officers. Sec. 11. Be it further enacted, That the mayor, and clerk, treasurer and marshal shall respectively receive such compensation for their service as the members of the council may prescribe by proper ordinances. The members of the council shall not receive any salary, but shall be exempt from street tax during the continuance of their official term. Compensation of officers. Sec. 12. Be it further enacted, That said mayor and council shall have power and authority to tax all shows, auctioneers, slight-of-hand performances, gift enterprises, pool and billiard tables, wheel of fortune and other like enterprises, as they deem most to the interest of said town. Specific taxes. Sec. 13. Be it further enacted, That the manufacture or sale of spirituous, malt, or intoxicating liquors of any kind and any quantity shall be, and is hereby prohibited and forbidden within the corporate limits of said town. Any person violating this clause shall be subject by the Grand Jury of the county, and be punished as the law provides. Prohibition. Sec. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

Page 734

BLACKSHEAR, CITY OF, INCORPORATED. No. 84. An Act to create and incorporate the City of Blackshear in the county of Pierce, and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said city; and to provide for other matters of municipal regulation, concern and welfare, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory hereinafter designated and defined, located in the county of Pierce and State of Georgia, are hereby incorporated under the name and style of the city of Blackshear, and the said city of Blackshear is hereby chartered and made a city under the corporate name of the City of Blackshear, and by that name shall have perpetual succession, and said corporation is hereby vested with the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such things as may be needful for the government, good order and welfare of said city, and to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter specially enumerated; Blackshear, city of, incorporated.

Page 735

(a) Be it further enacted, That said corporate body, under the name and style of the city of Blackshear, shall have right and power to purchase, acquire, lease, receive, hold, enjoy, possess and retain for the use and benefit of said city any property, real or personal, of whatsoever kind or nature within the limits or without the limits of said city, for corporate purposes; and shall have the right and power to sell, convey, lease, transfer and assign, or otherwise deal with all of the property of the said city; Corporate rights. (b) All rights, titles, properties, easements, hereditaments, and all and everything now belonging to or in anywise appertaining to the present corporation of the town of Blackshear shall succeed to and are hereby vested in the city of Blackshear, created by this Act; Existing property rights. (c) And said city of Blackshear, created by this Act, is hereby made responsible as a body corporate for all legal debts, contracts and undertakings of every kind of the said Town of Blackshear, as heretofore incorporated; Existing liabilities. (d) And said city of Blackshear, through its city council as hereinafter provided for, shall have special powers to make all contracts it may deem necessary for the welfare of the city or its citizens, and specially to make contracts with private electric light plants, waterworks plants or gas plants for light, water or power; to assess values of property, levy and collect taxes thereon, and remove nuisances, and shall have full control and power over streets, lanes and alleys of the city. Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of the city of Blackshear, as enacted by this Act, shall be as follows, to-wit: They shall extend one mile in every

Page 736

direction from the center of the crossing over the main line of the Atlantic Coast Line Railroad Company opposite to street leading from Ware street to said crossing, said crossing being near the residence of Dr. W. P. Williams, and being known as the Squire Davis crossing, and being located in the municipality heretofore incorporated at the town of Blackshear; said city and its territory being embraced in a circle thus traced by using a mile as a radius and said point on said crossing as a center. Corporate limits. Sec. 3. Be it further enacted, That for the purpose of protecting the peace, good order, morals and health of said city, its corporate limits and its corporate limits and its jurisdiction shall extend for one mile beyond its limits as now defined or as they may hereafter be extended, the same being for police and sanitary purposes, and within said zone thus created for police and sanitary purposes, the mayor and aldermen of the city and its marshal and police and other officers shall have the right and power to abate and remove nuisances and any and all things that may be deleterious to the health, good order or peace of the city, to preserve order and make arrests, and to do any other acts or things for the protection of the health, safety and good order of said city and inhabitants; and said city council may exercise the full police power of the State in said zone, and may adopt all ordinances that they may deem expedient for the purpose of regulating matters and the people within said zone for police and sanitary purposes aforesaid, as well as for prohibiting all acts and things and kinds of business therein that may tend to debauch the morals, injure the health, or become a source of disorder, disease or annoyance. Police juris diction. Sec. 4. Be it further enacted, That the government of said city of Blackshear shall be vested in a mayor and six

Page 737

aldermen, to be known as the City Council, who shall hold office as hereinafter provided. G. P. Gregory shall be mayor of said city of Blackshear until December 31, 1911, and A. P. Brantley, J. W. Gray and E. J. McKinney are hereby made aldermen of said city and shall hold office until December 31, 1911, and S. F. Memory, A. J. Strickland and G. W. Taylor are hereby made aldermen of said city and shall hold office until December 31, 1912. City Council. Sec. 5. Be it further enacted, That the term of the mayor of said city of Blackshear shall be two years and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the first Wednesday in December, 1911, and bi-ennially thereafter on the first Wednesday's in December; and that the term of each alderman of said city shall be for two years, and until his successor is elected and qualified, and that the first election for aldermen under this charter shall be on the first Wednesday in December, 1911, at which time three aldermen shall be elected for a term of two years, to succeed the aldermen named by this Act whose terms expire December 31, 1911, and annually thereafter on the first Wednesday in December there shall be elected three aldermen for the full term of two years, and at the first regular meeting of the mayor and aldermen after their election and qualification, or any subsequent meeting, they shall elect from the board of aldermen a mayor pro tem., whose term of office shall be for one year, and annually thereafter at the first regular meeting after the election of a mayor and three aldermen, or three aldermen only, as the case may be (and as provided for in this charter) a mayor pro tem. shall be elected from the board of aldermen. In the event a vacancy occurs in the office of mayor and aldermen, by reason of resignation removal from the city, death or otherwise,

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the city council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy, and as soon as practicable after said vacancy occurs, notice of which election shall be published once in a newspaper in said city, provided , there is one published, and by posting a written notice thereof for ten days at the postoffice, and one or more public places in said city; said election shall be held and managed, returns made and results declared in the same manner as regular elections, as hereinafter provided; except, however, that if a vacancy occurs in office of mayor or aldermen within less than three months from the date of the next regular election, the city council shall themselves select and elect some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall from any cause become vacant, the city council shall elect one of the remaining aldermen as mayor pro tem. for the unexpired term. Mayor and aldermen, terms of office and election. Sec. 6. Be it further enacted, That if for any reason there is a failure to have the regular election for mayor and aldermen at the regular time provided for in this charter, on the first Wednesday in December, it shall be the duty of the city council to order an election as early as practicable thereafter by giving at least ten day's notice of the same by publishing said notice in a newspaper, provided there is one published in the city, and by posting notices at the postoffice and at one or more public places in said city, and such election shall be held and managed, and the results declared in the same manner as at a regular election, as provided for hereinafter. Special election.

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Sec. 7. Be it further enacted, That any person shall be eligible to the office of mayor or alderman who is a citizen of said city, and who has resided in the State two years, and in the city twelve months, immediately preceding his election, and who is not under twenty-one years of age, and is a qualified voter in municipal elections for officers of said city, and entitled to register under the registration laws in force in this State. Qualifications. Sec. 8. Be it further enacted, That the mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said city are faithfully and fully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision of the affairs of said city, shall preside at meetings of the city council, and at the police courts, and he shall have authority to convene the council in extra session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before the city council, except in the election of officers of the city and in case of a tie. Mayor, powers of. (a) He shall have special control of the police of the city, and shall see that the peace and good order of the city is preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons in the city before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the city council from time to time as may to him seem proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which the same is being operated. He shall see that each department

Page 740

is being honestly and efficiently conducted upon business principles and without regard to politics. He shall require the business of the city to be promptly dispatched without favoritism to any person or interest and without reference to politics or political influence. He shall have power also to pardon persons who are convicted of offenses against city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by the mayor's court of said city. Sec. 9. Be it further enacted, That in case of the absence, disqualification or disability of the mayor, the mayor pro tem. shall discharge his functions, and if he, for the same reasons, cannot act, then another aldermen shall be selected by the board of aldermen to act temporarily. Mayor pro tem. Sec. 10. Be it further enacted, That the mayor and three aldermen shall constitute a quorum for the transaction of any business before the city council at its regular meeting, and that the mayor and four aldermen shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes shall determine all questions and elections before the city council. Said city council shall hold regular meetings at least once in every month, and oftener if they think best, at stated times and at stated places in said city, said place to be selected by said council, and may be changed as often as may be deemed expedient. The adoption of a place for the holding of said meetings shall be entered on the minutes. Said council may hold such special meetings to be called by the mayor, or in his absence of sickness, by the mayor pro tem., upon their own initiative, or if two members of the board of aldermen request in writing that such a special meeting be called, it shall be compulsory upon the

Page 741

mayor, or mayor pro tem., to comply with said request. Notice of such special meetings shall be given each of the said officers who are in the city at the time, and at such called or special meetings, the mayor and aldermen shall have the right and power to transact any government or municipal business which they are legally authorized to transact at any regular or stated meeting. At any meeting, any alderman shall have the right to call for an aye and nay vote upon any question requiring action by council, or upon the passage of any ordinance, order or resolution, or upon the election of any officer for said city, and have the same recorded on the minutes. All meetings of the city council shall be public and the public shall be allowed at all times to witness their deliberations, except when the city council resolves itself into executive session, when the public shall be excluded. Quorum of council and meetings. Sec. 11. Be it further enacted, That the mayor shall have the revision of all ordinances, orders and resolutions passed by the board of aldermen, and the said mayor shall have five days after the meeting at which the aldermen vote in which to file with the clerk in writing, his disapproval, but the aldermen may pass the ordinances, orders or resolutions, notwithstanding the veto, by a vote of two-thirds of those present, to be taken by ayes and nays, and entered upon the minutes. Veto of mayor. Sec. 12. Be it further enacted, That all ordinances, orders and resolutions shall become effective as soon as adopted by the board of aldermen and approved by the mayor, except that when the mayor allows more than five days to elapse after the board of aldermen vote upon an ordinance, order or resolution, without filing his approval or disapproval in writing with the clerk of council, the same

Page 742

shall after such time become operative as if approved by the mayor. In the event the mayor shall disapprove any ordinance, order or resolution he shall, at the next regular meeting of council, submit in writing his reasons for such disapproval. All ordinances, orders and resolutions shall be spread upon the minutes by the clerk after their adoption, and in addition all ordinances shall by said clerk be entered upon the book of ordinances. The said council shall have authority to have prepared and published in book or pamphlet form a code of laws, by-laws, ordinances, rules and regulations for the government of said city, the same to become effective and of force so soon as adopted and approved as herein provided, which code may be amended and revised by it from time to time as may be deemed proper and advisable. Ordinances and resolutions, when effective. Sec. 13. Be it further enacted, That the mayor, mayor pro tem. and each alderman, before entering upon the discharge of their respective duties, shall take and subscribe before some officer authorized by law to administer oaths in this State, an oath to faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said city, and the common interests thereof, which oath shall be entered of record upon the minutes of council. Official oath. Sec. 14. Be it further enacted, That said mayor and aldermen shall have the right and power, in the name and behalf of said city, to make such contracts and to do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the State within said city, and also to make rules and regulations

Page 743

and pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the government of the said city and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said city and of the inhabitants thereof. General welfare. Sec. 15. Be it further enacted, That the city of Blackshear is hereby granted the power of eminent domain, and the mayor and aldermen are hereby authorized and empowered to condemn lands within or without its corporate limits for the erection of public buildings for said city, for public parks, water supply, sewers, forms for handling and disposing of sewage, and for other public purposes and improvements, as provided by the Act of the General Assembly providing a uniform method of exercising the right of condemning, taking or damaging private property, approved December 18th, 1894, as found in Sections 5206 to 5235 inclusive, of the Code of Georgia of 1910, and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Condemnation for public use. Sec. 16. Be it further enacted, That every male citizen of the city of Blackshear, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding this election, and six months in the county of Pierce, and three months within the corporate limits of the city of Blackshear, next preceding the election, and who is a legally registered voter under the laws of this State and who shall have paid all taxes which may have been required of him, and which he may have had an opportunity to pay agreeably to law, and the payment of all fines, licenses, and business taxes required of

Page 744

him by said city, shall be qualified to vote at any election held in City of Blackshear for any purpose whatsoever. Voters. Sec. 17. Be it further enacted, That all elections for mayor and aldermen, and elections on any questions submitted to the voters of said city shall be held at the court house, and at such other place or places as are now, or may be hereafter established by law or the ordinances of said city. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons, who may be qualified to hold and superintend elections for members of the General Assembly of this State, and said election shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly, with this exception, that the poles shall open at ten o'clock a.m., and close at four o'clock p.m. In elections for mayor and aldermen the superintendents shall deliver certificates of election to the persons whom they find have received the greatest number of votes for the office of mayor and aldermen, respectively. Elections, where and how held. Sec. 18. Be it further enacted, That the mayor and aldermen of said city are hereby authorized and empowered to elect for said city annually, and for a term of one year unless sooner discharged, a clerk, treasurer, city marshal, and as many police as they think necessary, a board of health, sanitary inspector, building inspector, chief of fire department, city physician, city attorney, tax receiver, tax collector and tax assessors, and such other officers as from time to time may become necessary, including a cemetery keeper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines, at their discretion,

Page 745

and all officers elected or appointed by said mayor and city council, shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the city council at any time they see fit to make such suspension, removal or dismissal, and no officer so dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he has been appointed or elected had expired or not. The mayor and aldermen at their discretion may elect or appoint the same person to discharge and perform the duties of more than one office; all such officers shall be elected at the first regular meeting in January of each year, or so soon there after as possible. Municipal officers. Sec. 19. Be it further enacted, That on or before the first Monday in January of each year, or so soon thereafter as possible, the newly elected mayor and aldermen shall take the oath and assume the duties of office; provided, however , that the term for which all officers are elected under this charter is to begin on the first day of January of each year. Terms of office. Sec. 20. Be it further enacted, That there shall be a clerk of council, whose duty it shall be to attend each meeting of the mayor and aldermen, whether in regular or special session, to keep the minutes of such sessions, to record in the minutes all acts and doings during the deliberations of the council, to keep and record all ordinances enacted by the mayor and council in the book of ordinances and publish the same when directed so to do. He shall be exofficio clerk of the police court of said city. It shall be the duty of the clerk of council to issue all special licenses, to collect therefor and pay the same over to the treasurer; to issue all street summonses and to perform all other duties

Page 746

required or imposed by the mayor and city council, whether by rule, resolution or otherwise. Clerk of uncil. Sec. 21. Be it further enacted, That there shall be a treasurer for the city of Blackshear, whose duty it shall be to receive and safely keep all moneys belonging to said city. To keep a set of books in which he shall make entries of all sums of money received by him and of all sums of money paid out by him; from what source said money was received, and upon what account said money was disbursed. It shall be the further duty of said treasurer to keep separate accounts of all moneys received from taxes levied for specific purposes. He shall not pay out any money except by and upon the order of the person, persons, committee or board authorized by the mayor and aldermen to control and expend the various funds belonging to said city. Said treasurer shall be and is hereby made tax receiver and collector of said city of Blackshear and it shall be his duty to receive all returns of property in said city for taxes, to collect all taxes due and owing to the city, and to issue execution in the name of the city against all persons and property upon which taxes have not been paid. Before entering upon his duties, he shall take an oath before some officer authorized by law to administer oaths to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as may be required of him by the city council, with good and sufficient security, to be approved by the mayor. He shall make general and special reports in the manner and at the time when called upon by the city council to do so. He shall keep his books open at all times for public inspection. Treasurer. Sec. 22. Be it further enacted, That all other officers elected or appointed by the city council shall take such oaths

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and give such bonds as they may be required so to do, and also perform such duties as they may required to do by the ordinances, rules and regulations of the city council, and to otherwise conform to all requirements made by the city council governing such office. Official [Illegible Text] and [Illegible Text]. Sec. 23. Be it further enacted, That the compensation or salaries of mayor and aldermen, and all other officers, servants and employees of the city, shall be such sums as the city council may fix; provided, however , that the mayor's salary shall not exceed three hundred dollars a year, and that of the aldermen shall not exceed the sum of twelve dollars each year, but the mayor and aldermen, and such other officers as they may designate, shall in addition there to be relieved of street tax and street duty. Salaries. Sec. 24. Be it further enacted, That the said city council shall have the right and power to raise necessary revenue to properly carry on the government of said city, to build sewers, procure water supplies, to make, open, grade, repair, and keep in order the streets and bridges of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of the city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payments of the debts of the city, for educational purposes, for cemetery purposes, for hospitals and charity institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all such other purposes as will tend,

Page 748

in their discretion, to add to the comfort, safety, convenience, benefit, health, advantage of said city and of the citizens thereof, and for the rational improvement of said city, as may in their best judgment be necessary, and for all other purposes in order to properly carry on the city government, as herein indicated, and not forbidden by law, to levy and collect a street tax or capitation tax on all male inhabitants of the city, subject under the law to pay such tax. Also a tax not to exceed one and one-half (1) per cent. on all the property within the corporate limits of said city, which is subject to State tax under the Constitution and laws of this State, and also to impose and collect such tax as they, the city council, may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax under the laws of this State, and may enforce payment of the same by license or direct tax in such manner as they determine to be best and most advantageous; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all subjects to be fixed in said city. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignees, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which is subject to be taxed by the ordinances of said city, immediately after the sale of the same, and to pay a sum in the discretion of said mayor and city council as a tax thereon, shall forfeit and pay a sum in the discretion of the city council, not exceeding one hundred dollars, for which execution may issue, and to be collected as other executions of said city are issued and collected. All persons subject to taxation who shall refuse or neglect to render in his, her, or their property, or pay the tax on the same when required by the

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ordinances of said city, may be proceeded against by having their property double taxed, and by execution, in the same manner and according to such rules and ordinances as may be adopted by the city council to enforce the collection of such taxes; provided , that the city council may in their discretion relieve such property of a double tax upon a good and satisfactory reason shown. Taxation. Sec. 25. Be it further enacted by the authority aforesaid, That said city council shall have the power and authority to widen, extend or straighten any street, alley, lane or square in said town, and to open, lay out, and establish any new street, alley, lane, walk or square, any building, any bridge, lane, walk or square of whatever nature, same being done in accordance with resolutions or ordinances passed by said city council. After ten days' written notice to the party at interest, said city council may cause all encroachments or obstructions of a permanent or temporary nature, or which in the judgment of said council ought not to be allowed along or upon any street, alley, lane, walk or square in said city, to be removed. And whenever such encroachments are along or upon such streets, alley, lane, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever said city council shall exercise the power to widen, extend, or straighten a street, alley, lane, walk or square, and the compensation therefor cannot be agreed upon between the said city and the owners of said property, there shall be appointed through arbitrators, one by the council, one by the owners of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damage sustained by the owner or owners of the land over which pass said streets, alleys, lanes, walks and

Page 750

squares, so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the Superior Court of Pierce county by either party dissatisfied by such award. The submission shall be in writing, and the return shall be filed in the office of the Clerk of the Superior Court of Pierce county ten days after it is made, and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane, upon the fact being shown to the Ordinary of Pierce county, he may appoint the arbitrator for such owner. The award when so filed and not appealed from, shall be the judgment of the Superior Court of Pierce county, and execution may at once issue upon the same for the amount thereof, as other executions are issued. In case of appeal as above provided for, the court shall cause the issue as to such to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the city in widening, extending, straightening, opening, laying out or establishing such street, alley, lane, walk or square as aforesaid, but the same may proceed from the time the award in such condemnation proceeding is filed in the office of the Clerk of the Superior Court, but before the commencement of the said work, tender shall be made of the amount of the award. In the event the city of Plackshear is not dissatisfied with said award, it shall pay to the Clerk of the Superior Court the amount so found to be paid by said arbitrators. If the city is dissatisfied, and the appeal is entered by it, it shall give bond, with security for the payment of the amount adjudged to be due

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by it on the final hearing of said case. Should no appeal be entered within ten days, and the city of Blackshear should fail or refuse to pay the amount of the award, and should proceed with the work, then the Clerk shall, upon the application of the owner, or Ordinary, where he is authorized to act, issue exception on said award, and proceedings thereon shall be the same as had in cases of judgments and executions in the Superior Court of Pierce county. But the city of Blackshear shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening or establishing said street, alley, lane, walk or square, in the event the city council should considere the sum found to be due would, in their judgment, make said land so sought to be condemned too expensive to said city. But in such event the city shall pay all costs of said award. Authority as to streets. Sec. 26. Be it further enacted, that the city council shall have full power and authority, in their discretion, to grade, pave, macadamize, drain or otherwise improve the sidewalks of said city. In order to carry into effect the authority above delegated, the city council shall have power and authority to assess not more than one-half of the cost of paying and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalk so improved, and any railroad company, having tracks running in and over, along and across the streets, lanes, walks or squares of said city shall have to pave, macadamize or otherwise improve said streets, lands, alleys, walks or squares of said city, also their roadbeds and rights of way, in such ways and proportions as the city council may prescribe. Said city council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on all real estate for the above purposes, for the amounts above

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set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on real estate according to its frontage on the side walks, streets, lanes and walks and parks, either or all so improved, or according to the area or value of said property, as may be determined by ordinance. That the amount of assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment. The city council shall have full power and authority to enforce collection for the amount of any assessment so made for work upon sidewalks, streets, lanes, parks and squares, by execution issued by the city clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the city marshal or other collecting officer, on such real estate, and after advertising and other proceeding, the same shall be sold to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal or other collecting officer shall have authority to eject the occupant and put the purchaser in possession; provided , the owner of said real estate shall have the right to file affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, together with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Pierce county and there tried and issues determined as in cases of illegalities, subject to the penalties provided where the illegality is filed for delay. The city shall also have authority to pave, and to contract to pave the whole surface of the sidewalks, streets and lanes, without giving any railroad company, street railway company, or other property holders abutting thereon, or occupant on the streets, lanes and alleys, the

Page 753

option of having the space paved by them, paved by themselves, or by contract at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessments on abutting property, and on railroad or street railway companies, sidewalk paving, street paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the time of the passage of the ordinance authorizing the execution of the work done in each case. Said city council shall have power and authority to prescribe by ordinance and such other rules and regulations as they may, in their discretion, think necessary, to grade, pave, drain, macadamize or curb the streets and sidewalks of said city; to enforce by execution the cost thereof against the adjacent property owner, railroad and street railway companies, and to provide how the agents and owners thereof shall be served. Street improvements. Sec. 27. Be it further enacted, That said city council shall have power and authority to grant franchises, easements, and rights of way over, in, under and on the public streets, alleys, sidewalks, parks and other property of said city, on such terms and conditions as said city council may fix. Franchises. Sec. 28. Be it further enacted, That said city council shall have full power and authority to establish a fee bill for the officers of said city, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace and constables of this State. Said city council shall have power and authority, in their discretion, to allow said fees to the officers of said city, or to place the same in the treasury of said city and pay the officers a salary for their services. Fees of officers.

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Sec. 29. Be it further enacted by the authority aforesaid, That the city council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee of the city at any time they may see fit to do so, and to pay for the services of such accountants so employed such amounts as to them seem proper. Auditor. Sec. 30. Be it further enacted, That all writs, processes, subp[UNK]nas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines and assessments and forfeitures, or demands made by the city or its corporate authorities against any person, firm company or corporation whatsoever, shall be issued and signed by the city clerk and bear test in the name of the mayor, except executions for taxes, and shall be directed to the marshal of said city, and to all and singular the sheriffs and constables of this State, and each and all of said officers are hereby authorized to serve and execute the same. Writs, etc., how issued. Sec. 31. Be it further enacted, That the city council are hereby vested with the power to establish fire limits in said city and to prohibit the erection of any wooden building or structures as will, in the opinion of said city council, increase the fire risks in such part or parts of the city of Blackshear as may designate as fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of the houses and material used therein and the erection of awnings and sheds, of stovepipes, chimney flues, and other means of building, as may be necessary and proper to guard against conflagrations, and may require building or structure permits, which permits shall specify material to be used and the manner of its use in

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such erections or repairs of said buildings or structures. Said city council shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards and naval stores yards, and other places in said city where materials of an inflammable nature are stored, and they may also prohibit smoking on or near, or the careless using of fire about, cotton compresses, cotton gins, cotton warehouses, cotton yards, or other places where it is stored or kept, or may be placed. Said city council shall have power and authority to remove any forge, blacksmith shop, or the structure, within the city, whenever in their discretion, it shall be necessary for protection against fire, and shall have the power to cause any stovepipe, or other thing or matter, that will endanger the city as to fire, to be removed or remedied as their prudence shall dictate; and they may summarily declare such to be dangerous without notice to anyone, and to remove same instanter, and whenever it shall appear to them that any decayed, unsound or unsafe house, building or structure of any sort is dangerous to pedestrians or persons passing, or is endangering the health of said city, or any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it, by resolutions or ordinance, and may cause it to be torn down by the policeman or marshal of said city; and whenever in their opinion it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious diseases, they may, with the advice and help of the health officer, and the board of health, if there be such officers, and if not then without such advice and counsel, do so instanter, and the policeman or marshal, or such other officers directed, shall obey such orders and in all such cases they shall not be liable to answer therefor in any court having jurisdiction,

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except of gross neglect and extreme want of care, coupled with malice, and without any probable cause to suspect such actions were not for the public good, and every presumption shall be in favor of such act having been lawful when done; provided , that whenever any property shall have been destroyed under this provision of this Section, the city of Blackshear, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, but shall not be liable for any prospective damages in connection therewith. Fire limits. Sec. 32. Be it further enacted, That the city council have full power and authority to care for, and make any and all necessary repairs to the cemetery of said city, to increase or enlarge the same, and to buy and purchase and improve new cemeteries, as they may, in their discretion, see fit and proper. They shall have power to regulate and provide for the burial of the dead therein, and may sell and grant by deed, to person who may wish to purchase any vacant or unoccupied lot or lots in said cemetery, for burial purposes. This provision shall apply to the old as the new cemetery or cemeteries that council shall have charge of or that may be established. They shall have full power and authority to employ a keeper, sexton, and any other employee for the same, and for whatever else they may deem best to preserve, protect and beautify said burial places. Cemetery. Sec. 33. Be it further enacted, That said city council shall have full power and authority to establish such a system of quarantine and to make such sanitary regulations within the limits of said city as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said city; and that in order to more fully exercise this authority, said

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mayor and city council are hereby given quarantine jurisdiction over all of the area embraced within the jurisdictional limits of the county of Pierce, in this State, and anywhere within these limits, either in said county, may establish, locate and change at pleasure, either permanent or temporary grounds, or pest-houses, and may condemn and take lands and buildings and personal property in said limits for quarantine purposes or quarantine grounds, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in Section twenty-five of this Act, for condemning lands for street and other purposes, and all of the provisions of that Section for that purpose shall apply and be a provision for this purpose, from the selection of arbitrators to the trial of appeal, and they may, by ordinance or resolution, put any part, or the whole, of said area under quarantine, and may arrest, detain, quarantine and if need be confine any person from, or suspected to be from, any place or places suspected to be infected, and detain and confine any such person or persons from day to day as they, by ordinance, shall see fit to declare and prescribe; they shall have authority to stop, delay, board and search all trains, cars and vehicles or conveyances of every sort, public or private, entering said limits whenever, in their judgment, it may seem best and necessary, and may absolutely prohibit any such train or vehicle from entering said limits or persons coming within same, or any such from leaving any of the same. But such rigid quarantine shall not be laid and established except by the consent of the city council, and the board of health of said city, if there be such a board, but if there be no such board, then the city council shall have full power and authority to establish such a quarantine by and with the advice of the health officer of said city. No State board of health that now is,

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or that shall be hereafter established shall ever have power to molest, lessen or otherwise interfere with said authorities in the matter of quarantine in said limits, saving only to see to it that they maintain in said area a quarantine not less strict than such State board of health may think best, and said city council shall have authority to punish any violations of the quarantine rules and regulations of said city committed anywhere within said area, and said city council may, by resolution, adopt any regulation recommended by the city physician, health officer, board of health, and upon the same being published or posted one time in such manner as they may prescribe and within twelve hours after its posting or publication become a binding ordinance upon all persons within said city, and within said entire area when it shall so recite. Quarantine and sanitary regulations. Sec. 34. Be it further enacted, That said mayor and aldermen shall have full power to adopt and enforce such ordinances, rules and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all unoccupied as well as occupied lots and places within the said city limits, at the expense of the owner or owners of said lots and places, who, if they shall refuse or fail, after written notice from the authorities aforesaid, to comply with the terms of the ordinance, rules and regulations, shall be subject to such penalties as may be lawfully prescribed for the same, and such authorities upon the failure or refusal of such owner to do such work, may cause the same to be done, and issue execution as they may by ordinance direct and prescribe, against the property of such owner for the amount of such expense and cost; and the person returning such lot for town taxes shall be taken and deemed to be the owner; and

Page 759

said execution shall proceed in the same manner and shall be liable to the same defense as is prescribed in this Act, where executions are issued by the city for constructing, paving and otherwise improving the streets and sidewalks in said city. Sanitation. Sec. 35. Be it further enacted, That the city council shall have power and authority to elect a health officer, sanitary inspector and such other officers as they may think right and proper; and whose term of office shall be one year, or such time as the city council shall prescribe, and whose duty and compensation shall be prescribed and regulated by rules, regulations and ordinances of said city. Said city council shall also have power and authority, at any regular or called meeting, to elect a board of health, to consist of five members for such terms as the city council may prescribe, and at such salary as they may think right and proper. The members of said board of health shall be each twenty-one years of age and over, a bona fide resident of said city, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the city council. Said city council shall define, declare and regulate, by ordinances and resolutions, the duties and powers of the board of health, not inconsistent with the laws of the State of Georgia. Health officer and sanitary inspector. Sec. 36. Be it further enacted, That the city council shall have full power and authority to compel the removal to the typhoid fever and small-pox hospitals, or any other contagious or infectious disease, any person or persons who shall have typhoid fever, small-pox or any of the said infectious or contagious diseases, in or near said city or the county of Pierce, and who do not provide their premises with sufficient disinfectants, treatments and guards to completely

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quarantine, regulate and control said premises, but even when the said premises on which said sick person may be sufficiently guarded, it shall be still i nthe judgment of the city council discretionary to remove all of said sick persons to the hospital above declared. The city council shall have the power and authority to declare by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said city of Blackshear, and within one mile of the corporate limits of said city, and for this purpose said city authorities are hereby given police jurisdiction over all the territory and over all the residents within said prescribed area, and upon all persons who may be working or sojourning in said city, whether they be permanent residents or not of said city. And said mayor and city council shall provide in said ordinances and regulations the time within which all persons, as above referred to, shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in said ordinances, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and costs, or imprisonment in the guard-house, or such other place of confinement as the mayor and city council may direct. Hospitals Vaccination. Sec. 37. Be it further enacted, That the city council shall have the power and authority to remove the inmates or occupants of lewd or disorderly houses in the city of Blackshear, and that they shall have power and authority to provide by ordinance a penalty for the use of profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace health, welfare, convenience and good government of and for said city. Lewd houses.

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Sec. 38. Be it further enacted, That the said mayor and council in the event the present liquor prohibition Act of the General Assembly, approved August 6th, 1907, should ever be repealed, shall have the complete control of the manufacturing, wholesaling and retailing of spirituous liquors, wine, malt liquors and intoxicating liquors within said city; provided , the license fee for retailing spirituous liquors, wines, malt and intoxicating liquors shall not be less than fifty thousand dollars per annum; and provided, further , that no license shall be issued for less time than one year, and no bond shall be taken from persons applying for license unless such bondsmen or security are actually and bona fide possessors of the amount fixed in said bond over and above all debts, liabilities and exemptions, allowed by the laws of this State, and who upon signing said bond, will make affidavit to their pecuniary qualifications, and will and do sign a waiver of homestead and exemption upon giving the bonds. Sale of intoxicants. Sec. 39. Be it further enacted, That said city council shall have the power and authority to compel all male persons (except such as are specially exempted under the law) within the corporate limits of said city, between the ages of twenty-one and fifty years, to work on the public streets, lanes, alleys and squares of said city not more than fifteen days during each year; said city council shall have the power and authority to levy and collect a direct tax for each year, without giving the persons subject to street duty the right to work on the streets, and to provide the time and amounts, when and how to be paid, or they may, in their discretion, permit the persons subject to street duty to work on the streets the number of days required of them, and may commute the service so required of them by the payment to the officers of said city authorized to receive

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and receipt for the same, such commutation tax as may be fixed by the city council; provided, however , that in no event, whether the city council shall declare for a direct street tax, or for a commutation tax in lieu of working the streets, shall the amount exceed the sum of five dollars a year. Street work or commution tax. Sec. 40. Be it further enacted, That said city council shall have power and authority to license and control all billiard tables, pool tables, or other tables of like kind kept for public pay, tenpin alleys, or like alleys, within said city, and to remove the same whenever they become a nuisance; also to assess and collect a business license tax on all shows, circuses, exhibitions and performances of any and all kinds; also to license, regulate and control all livery stables, drays, wagon, carts, and all pleasure vehicles of whatever kind; also all automobiles whether kept for rent, hire or pleasure within said city. And the mayor and city council shall have power and control over all wells and pumps and all waterworks, fire companies and engines within said city. Police powers. Sec. 41. Be it further enacted, That the mayor of said city shall have power and authority to hold a court at such time and place in said city as he, or the city council may appoint, for the trial of offenses committed against the bylaws, rules, regulations and ordinances of said city, and for such violations to punish by fine not to exceed one hundred dollars, or by labor on the streets or public works of said city under the control and discretion of the proper officers, not to exceed ninety days, or by confinement in the guard house of said city, or such other place of confinement as may be designated by the mayor and aldermen of said city, not to exceed sixty days either one or more of all, in the discretion of the mayor, and all sentences may be in the

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alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The mayor may also require that the costs of prosecution shall be paid by the defendant. It shall be a sufficient description of the punishment to be inflicted for the violation of any ordinance of said city for the mayor and aldermen thereof to say in such ordinance that the violation of such ordinance shall be punished as prescribed in Section forty-one of this Act, referring to it by number, without setting it out in full in the ordinance, if they so choose. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said mayor's court, the same may be enforced and collected by an execution issued by the clerk and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the mayor and aldermen of said city. The city council shall have power to provide by ordinance for the charge and collection of all costs in cases of violations of municipal ordinances tried in said mayor's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. The mayor of said city shall be ex-officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said city. Said warrants may be served by the police or marshal of said city or by any other officer authorized by law to make arrests, and acting under said warrants, said officers may arrest either within or without the limits of said city. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of this State have been violated by the person so charged, it shall be the duty of the mayor

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to commit the accused to the common jail of Pierce county to answer to the charge in any court of competent jurisdiction; provided , that if said offense is one that is bailable by justice of the peace, said mayor shall admit said accused to bail. If in the examination or trial of any one accused under a charge of a violation of any of the municipal ordinances there is a reason to suspect a commissioner of a crime on his part, the mayor shall have authority, and it shall be his duty, to bind over or commit said accused to the proper State Court for said penal offense. Mayor's court. Chaingang. Sec. 42. Be it further enacted, That the city council of Blackshear shall have power and authority to organize one or more gangs, and to confine at labor therein persons who shall have been sentenced by the police courts of said city to work upon the streets, or public works, or who have not paid their street tax, and they shall have power to make rules and regulations that may be suitable, usual and necessary for the government and control of such work-gangs, and to enforce the same through proper officers. Chaingang. Sec. 43. Be it further enacted, That the rights of certiorari from the judgment of the mayor's court shall be had to the Superior Court of Pierce county, and shall be governed and controlled by the laws of this State governing all certioraries to the higher Courts. Certiorari from mayor's court. Sec. 44. Be it further enacted, That the police court shall have power and authority to preserve order during its sessions of court, to compel the attendance of witnesses, and to punish for contempt by imprisonment not to exceed five days in the guard house or other place provided by the

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city council for the detention of offenders in said city, or by a fine not to exceed ten dollars. And it is further provided, that the city council shall have the same rights to punish for contempt when in regular or called sessions as the police courts; provided , the punishment for such contempt shall not exceed that of said police court; and fines may be collected by execution issued by the clerk, and levied by the collecting officers of said city, collected as other executions of said city are levied and collected. Contempt. Sec. 45. Be it further enacted, That should the mayor or any member of the city council be guilty of malpractice in office, wilful neglect of duty, gross and wilful abuse of the powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of council, then and in that event, they are authorized to ask for his registration, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of council jointly, to bring a rule against such offending officer setting up the charges against him before the Judge of the Superior Court of Pierce county, who shall issue a rule nisi thereupon, requiring the said offending officer named therein to appear and show cause before him, at such time and place as he may therein designate, and require the same to be served upon the said officer by handing him a copy of the petition and rules nisi in person, or by leaving a copy at his most notorious place of abode, at least three days before the hearing, and the said Judge of the Superior Court is hereby granted power and authority to hear testimony and pass upon the said rule, and may in his judgment, remove the officer therein charged, and declare the office vacant, and his judgment shall be final. Mayor and members of council subject to prosecution.

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Sec. 46. Be it further enacted, That city council shall have the power and authority to prevent cattle, horses, mules, goats, hogs, dogs or other animals from going at large in said city, and to take up and impound any such animals running at large in said city and to pass and enforce all rules, regulations and ordinances which they deem necessary and proper for the regulation and control and prevention of all such animals in said city running at large, and they shall have authority to have any dog running at large without a badge killed. Stock law. Sec. 47. Be it further enacted, That all executions issued by the clerk of council of Blackshear shall be directed to the marshal and police of said city, and to all and singular the Sheriffs and Constables of this State, and shall state for what issued and be made returnable to the clerk aforesaid ninety days after the issuing of the same; and it shall be the duty of the marshal, police or other collecting officer to advertise the sale of such real estate or personal property as may have been levied on by him to satisfy said execution in the same manner respectively as Sheriff's sales of real property or Constables' sales of personal property are required by law to be made. All of said sales to be made at the place and within the usual hours of sale of Sheriffs and Constables, and to be made under the same rules and regulations as govern Sheriff's and Constables' sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sales under executions for State and county taxes. Whenever any land is sold, the owner thereof shall have the privilege of redeeming it within one year, by paying the purchaser the amount paid therefor, with ten percent. premium thereon. Whenever at such sales for taxes due, no person

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present shall bid for the property put up for sale as much as the amount of such execution for taxes and costs, and after such property shall have been cried a reasonable time, then any duly appointed or authorized agent of the city of Blackshear may bid off such property for the city, and the marshal or other officer making the sale shall make the city of Blackshear a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and the marshal or other officer making the sale shall put the city in possession, and the city council shall have no right to divert or alienate the title of the city to any property purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the city. The clerk shall enter on his executive docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder; said executions shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality, or claims interposed, then all the papers shall by the clerk be transmitted to the Clerk of the City Court of Blackshear in all matters and things of which said Court has jurisdiction. All other illegalities and claims shall be returned to the Clerk of the Superior Court, unless the amount involved be less than fifty dollars, when the same may be returned to the Justices Court of the 584th district, G. M., of Pierce county. In case of illegality or claim filed the usual and necessary bonds shall be given by the party filing or tendering said illegality or claim. The lien of tax execution in favor of the city of Blackshear shall have priority on property within the corporate limits of the city over all other executions and judgments, except those for State and county taxes. Sales under execution.

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Sec. 48. Be it further enacted, That whenever a person is arrested under the provisions of authority of this Act, or under the ordinances passed by authority of the same, it shall be lawful for him or her to enter into a good and sufficient bond, to be approved by the arresting officer, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, and shall be payable to the city of Blackshear, which bond shall be forfeited on the non-appearance of the defendant, in the same manner in the mayor's court as penal bonds are forfeited in the Superior Court of this State, and said mayor is hereby empowered to issue scire facias returnable before him in not less than seven days nor more than thirty days, when any defendant shall fail to appear in terms of his bond. Upon the return thereof, judgment and execution against the defendant and his sureties shall be entered up, as in State Courts, and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued by said city, and such judgments and executions shall be a lien on all property of principal and securities, equal in dignity to the judgments and executions of the several Courts of this State of the same date, and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Appearance bonds. Sec. 49. Be it further enacted, That the mayor and aldermen of said city of Blackshear shall have the right and authority to construct, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, or waterworks and sewerage, an ice plant, either separately or in connection with the waterworks system, a system of electric lights, a system of gas works, and other public utilities, any

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one, more, or all, as and whenever they consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates; and to provide by ordinance for the punishment of those who illegally use water, electricity, or gas, or service from such public works, or who illegally divert such gas, water or electricity from their proper channels of transmission. When consumers of such water, ice, electricity, or gas, so furnished by the city, shall fail to pay for same promptly, when due, said mayor and aldermen are hereby authorized to cause executions to be issued in favor of said city against delinquent consumers for the amount of such unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also to cut off the supply until the bills are paid, either method, or both, at their option; and in the event such supply is cut off, they may provide for a reasonable fee for turning same on again. Waterworks and sewerage. Sec. 50. Be it further enacted, That the mayor and aldermen may compel all persons within the limits of said city to connect with the sewer mains all water closets, urinals and privies upon the real estate or in the building held or claimed by such person, either in fee or for life, or for a term of years, and in the event of a failure or refusal so to form such connection, may cause such connection to be made after ten days written notice to the owner of such lands or lessee to do so, and issue execution against such owner or lessee for the amount of the cost of such connection, including piping and all necessary material, and all cost; which execution shall be issued and collected as other executions of said city are issued and collected. The person returning the land in fee, or as lessee, upon which such closets, urinals or privies are, shall be deemed the owner or lessee thereof, for the purpose of this Act, and

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if no person returns the same for taxes then the person or persons in possession shall be considered the owners thereof for such purposes, and said mayor and aldermen may by ordinance require such connections to be made with such mains within such length of time as they deem proper, and may provide for the punishment of persons failing to make such connections within the time prescribed as for the violation of other city ordinances; provided, however , that no person shall be required to connect with any sewer, main or mains a greater distance than two hundred and fifty feet from the closet, urinal or privy of such person. Sewer connections. Sec. 51. Be it further enacted, That except in so far as vested by the general laws of the State in the Railroad Commission of Georgia, the mayor and aldermen shall have authority and control over all electric light and power plants, gas plants, ice plants, factories and wagons and dealers in ice, and other public utilities doing business in said city, and over the persons, firms and corporations owning, leasing or operating the same within the limits of said city, and to regulate the business conducted by the said public utilities and ice factories and dealers in ice and the operation of same, and also to fix the rates and charges for such public service and ice; provided , such rates so fixed shall be reasonable. Control of public utilities. Sec. 52. Be it further enacted, That the mayor and aldermen or the appropriate department or officer of the city shall have the right to compel the house owner, or proprietor, using water, light, or electric current, or other conveniences supplied by the municipal government of the city of Blackshear, to install at the expense of such owner or proprietor, meters or apparatus of such pattern as may be

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prescribed by the appropriate department for the measurement of the commodity thus furnished. Water meters, etc. Sec. 53. Be it further enacted, That the mayor and aldermen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also for making contributions to any board of trade or chamber of commerce, or like body in said city, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city. Public hospitality. Sec. 54. Be it further enacted, That the said mayor and aldermen be, and they are hereby, authorized and empowered to issue bonds for and in the name of said city for the purpose of establishing, building and maintaining and operating an electric light and power plant, or a gas plant, either or both, for the purpose of furnishing said city and its inhabitants with light and power, a system of waterworks and sewerage, an ice plant, either separately or in connection with the waterworks system, and also for public school buildings, and further for the purpose of building a city hall, a public auditorium and other public buildings and works and making any other public improvements that

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may be needed for the city, and for any and all other governmental, municipal and public purposes. Municipal bonds. (a) The said mayor and aldermen shall have the right and power to determine according to their best judgment the purpose for which said bonds are to be issued, and the amount thereof, the rate of interest they are to bear, how much principal and how much interest is to be paid each year, and whether the interest on the bonds is to be paid in one lump sum annually, or in installments semi-annually when said bonds are to be fully paid off, and the place of payment, and all other terms and details thereof. (b) Before any bonds of said city shall be issued for any of the foregoing purposes, the question as to whether or not they shall be issued, shall be submitted to the qualified voters of said city at an election called for the purpose, after notice has been duly given according to law, and their issuance shall be authorized by a favorable vote at such election, in accordance with the provisions of Sections 440 to 443 inclusive of the Code of Georgia of 1910, and said mayor and aldermen may call such election upon their own initiative. (c) Should any election, or elections, held as herein provided for, result in favor of the issuance of bonds, then in such event, said city council shall at and before the time of issuing the bonds authorized by such an election provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all property in said city subject to taxation sufficient in amount to pay the principal and interest of said bonds, and the mayor and aldermen are hereby authorized to annually assess, levy and collect a tax on all property, both real and personal, within the

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corporate limits of said city in such a sum as they may deem necessary, right and proper, for the specific purpose of paying the interest on said bonds and accumulating a sinking fund for the payment of the principal of said bonds at their maturity. The tax so assessed, levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds, except that the mayor and aldermen shall have the right to invest a sinking fund accumulated to pay the principal of said bonds, as provided by the laws of Georgia. (d) Said bonds shall be officially signed by the mayor and clerk of council of the city of Blackshear, under the corporate seal of said city, and shall be negotiated and sold to the very best advantage of said city of Blackshear, as may be determined by said mayor and aldermen of said city, and any and all of the bonds and series of bonds issued by the city under the provisions of this charter shall become obligatory and binding upon said city and its tax-payers with all the qualities of commercial paper. (e) The principal of said bonds when they shall become due, and the coupons or interest warrants on the same, shall be receivable by the city of Blackshear in payment of all dues to said city, and said bonds shall not be taxable directly or indirectly by the city of Blackshear. (f) Be it further enacted, That upon application to the mayor and aldermen of said city by at least one-third of the qualified voters of said city to call an election for the purpose of passing upon the issuance of bonds for any of the purposes hereinbefore enumerated, it shall be obligatory upon said mayor and aldermen to grant said application

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and call said election accordingly; provided , only that such elections for the issuance of bonds for any one purpose shall not be held oftener than once every six months. Sec. 55. Be it further enacted by the authority aforesaid, That the city council of Blackshear are hereby authorized and empowered to establish, support, maintain and control a system of public schools which shall be provided for by local taxation and otherwise in the manner hereinafter provided for in this Act for the city of Blackshear, Pierce county, Georgia; provided, however , that before the local tax can be levied and collected as herein provided for public schools, the mayor and aldermen, of their own motion, or when requested to do so in writing by fifteen freeholders of said city, shall call and advertise an election in a newspaper published in said city, once a week for four weeks, to be held at the same place as other elections are held in said city, at which election all persons qualified to vote for mayor and aldermen shall be qualified to vote. Said election to be held, conducted and managed in all particulars as other elections are required to be held, conducted and managed under the provisions of this charter, and the laws and the Constitution of the State of Georgia. The electors at such election shall write or have written on their ballots For tax for public schools, or Against tax for public schools, and in the event that the necessary majority be in favor of local taxation for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force; and provided, further , that if at such election the vote should be against taxation for public schools, then the mayor and aldermen are authorized and empowered to call another election for such purpose at any time; provided , a period of six months shall intervene between each election. Public schools.

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Sec. 56. Be it further enacted, That there shall be a board of education of said city, under the corporate name of the Blackshear Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board shall consist of five members, to be elected by said mayor and aldermen within the earliest time practicable after this Act goes into effect. At the first election, two members shall be elected for a term of two years, and three members shall be elected for a term of one year, and thereafter election for members of the board of education shall be held annually at such time as the city council shall fix, or as soon thereafter as practicable, and the terms of the members elected after said first term shall be for a term of two years. All vacancies on the board of education shall be filled by special elections for the unexpired term only, and the members of said board shall hold their office until their successors shall be elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership upon said board except such person as would be eligible to election as alderman of said city, who, at the time of his election, is mayor or alderman of said city. That said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control as to them may seem right and proper, which are not in conflict with the laws of this State, or other provisions of this charter. Board of Education. Sec. 57. Be it further enacted, That the officers of the board of education shall be a president, vice-president, secretary

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and treasurer, and such other officers as the board of education may deem advisable. The secretary and treasurer who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board of education, to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to said board of education; and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of this State for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said city. Said secretary and treasurer shall pay out no moneys except by orders of the board. His term of office shall be for two years and until his successor is elected and qualified. Officers of board of education. Sec. 58. Be it further enacted, That said board of education shall have power, and it is hereby made the duty of said board, to speedily devise, design, adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the white children and also for the colored children of said city, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one, and in this have concurrence of the mayor and aldermen of Blackshear. Duties of board. Sec. 59. Be it further enacted, That said board of education shall keep full and accurate minutes of the proceedings of said board, which shall meet at least once a

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month in regular session, and which said minutes and other books shall be subject to the inspection of the Mayor and city Council or any other interested citizen of said city; the board of education shall be under the direct supervision of the city council and shall, as often as required to do so, furnish to said city council a full and complete report to their work, undertakings and expenditures together with statement of moneys had and received. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said schools, shall select and employ teachers for said schools, and if they see fit, a superintendent for said schools. They shall fix the school terms and the time of beginning and closing, they shall have the right to remove or suspend such teachers and superintendent whenever in their discretion, they may deem such action to be for the best interest of said school, and their action in so doing shall be conclusive in all cases, and not subject to review by any body or court; they shall fix the compensation of the teachers and pay the same; they shall make such by-laws, rules and regulations for the government of said board and for the control of said teachers and schools as may be deemed fit and proper; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other Acts which they may deem best to promote the best educational interest of said city, not in conflict with the State laws. Powers and duties of board. Sec. 60. Be it further enacted, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of said city. Property rights.

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Sec. 61. Be it further enacted, That said board shall out of any funds going into their hands provide school-houses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The title of all such property shall be in the corporation of the city of Blackshear. School houses. Sec. 62. Be it further enacted, That said board of education shall keep accurate accounts of all moneys or property received by them for the use of said public schools, and of all expenditures made by them; these accounts shall be at all times open to the inspection of the mayor and aldermen of Blackshear or any interested citizen of said city. The members of said board shall be personally liable to the city of Blackshear for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purpose. School accounts and funds. Sec. 63. Be it further enacted, That said board shall annually make report to the City Council of Blackshear, in writing, of the condition of said schools, and shall accompany said report with a full itemized statement of all moneys received and expended by said board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said city council when so requested. Reports of board. Sec. 64. Be it further enacted, That the terms of the officers of said board shall be fixed by the by-laws and regulations adopted by said board for its proper government, and no officer shall have compensation for their services except the secretary and treasurer, whose compensation shall be

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fixed by the board of education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars ($150.00) per annum, provided, however , that said board by unanimous vote can pay reasonable compensation for special services which they find necessary to secure in order to properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Terms of office and compensation of officers of board. Sec. 65. Be it further enacted, That the public schools herein provided for shall run for a period of not more than ten months, scholastic months, nor less than five scholastic months in each year. Scholastic year. Sec. 66. Be it further enacted, That if the election provided for in this charter shall be in favor of public schools, then the mayor and aldermen of Blackshear shall be authorized and empowered to assess, levy and collect annually a tax, not to exceed one-fifth of one per cent per annum; that is to say two dollars on every thousand dollars of property on all the taxable property of every kind whatsoever in said city; (provided, that the entire amount of taxes which can be legally levied in said town shall not exceed one and one-half per cent per annum) which said school tax shall be used solely and exclusively for the purpose of establishing and maintaining said schools and providing furniture, apparatus, grounds and buildings for said schools; provided, further , that it shall be lawful in the sound discretion and best judgment and with the consent and concurrent approval of the mayor and city council, for said board of education to charge and require a small incidental or matriculation fee for each scholar admitted into said schools which amount shall in no event exceed the rate of fifty cents per month. School tax.

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Sec. 67. Be it further enacted, That all school children between the ages of six and eighteen years, who are bona fide residents of said city, with their parents or guardians, shall be entitled to the benefits of said schools, and no such child or children shall be required to pay any tution for such course of study as is now provided by law in the public schools of the several counties of this State, except the incidental or matriculation fee above mentioned, but the board of education may in their discretion, require children living outside the limits of said city to pay tuition for and during the school terms provided. All such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as shall likewise any other fees. Tuition. Sec. 68. Be it further enacted, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and city council, and when the taxes for such purpose are levied and collected the collecting officer of said city shall pay over same to the secretary and treasurer of said board of education, said taxes shall be assessed and collected as other taxes of said city are. Said taxes to be paid out under order of said board under such regulations and requirements as they shall provide. School tax. Sec. 69. Be it further enacted, That the board of education of Pierce county, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said city of Blackshear, nor have any authority or voice in the management of the schools herein established under the provisions of this Act by the board of education of the city of Blackshear. County schools.

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Sec. 70. Be it further enacted, That the State School Commissioner of Georgia shall pay over to the board of education of the city of Blackshear the pro rata share of the State and county school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the city of Blackshear, increased by the number of children of school age residing without the limits of said city, but residing within the limits of Pierce county, who attend such school. For each child of school age residing without the corporate limits in Pierce county, but attending said public schools of Blackshear, the city is entitled to receive for each year the amount apportioned for the State school fund for each child of school age residing in the county of Pierce. The amount thus to be paid at such time as the teachers of the county are paid, and when paid, shall be expended by said board for the support and maintenance of the said public schools of Blackshear. It shall be the duty of the board of education to have, prepare and furnish the State School Commissioner, immediately upon the establishment of said public schools, and annually thereafter, in the fall of each year, at such time as they may establish a list or census of all school children of school age in said city of Blackshear, and of all school children of school age residing in the county of Pierce, who attended said public schools of said city. The board of education may admit the children of non-residents upon such terms as to them may seem reasonable and just. Pro rata share of State school fund. Sec. 71. Be it further enacted, That all assessments of taxes and all funds arising from or collected under this Act shall be by the corporate authorities of the city of Blackshear kept separate and distinct from the other assessment and collections of said city, and are to be used solely for the purposes herein designated; and the city council shall

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keep a separate, full and distinct itemized account showing all moneys raised, when, how and from whom and what, and the disposition of the same, to whom, when and for what purpose paid out. Funds, how kept and disbursed. Sec. 72. Be it further enacted, That all provisions of former Acts of the General Assembly of the State of Georgia incorporating the town of Blackshear, and now constituting the present charter of said town, which are at variance or conflict with the provisions of this Act, are hereby expressly repealed, and all provisions of this Act shall become operative when the same is passed by the General Assembly and approved by the Governor of the State of Georgia, and be it further enacted, that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1911. BLUE RIDGE, NEW CHARTER FOR. No. 71. An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the city of Blue Ridge, in the county of Fannin, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes, approved August 6, 1908, so as to reduce the number of councilmen from five to three; to provide for their election and the election of their successors; to reduce the number of officers of the city of Blue Ridge; to repeal

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that portion of Section sixty-one (61) of said entitled Act, creating A water, light, sewer and bond commission of the city of Blue Ridge, and to confer the rights, powers and duties of said commission upon the mayor and council, and for other purposes germane to the objects contemplated. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That said Act, approved August 6, 1908, be, and the same is, hereby amended by repealing and striking from said Act approved August 6, 1908, Sections three (3) and four (4) thereof, which Sections provide for the number of councilmen, their election and the election of their successors. Blue Ridge, city of, councilmen. Sec. 2. Be it further enacted by the authority aforesaid, That the following two Sections be, and the same are, hereby enacted and substituted in lieu of Sections three (3) and four (4) of said Act, approved August 6, 1908, to-wit: Sec. 3. Be it further enacted: That the municipal government of the city of Blue Ridge shall consist of and be vested in a mayor and three councilmen. That the present mayor and councilmen of said city, who were elected on the fourth Saturday in December, 1910, shall continue in office until the first day of January, 1912, or until their successors are elected and qualified, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the mayor and councilmen of said city of Blue Ridge, and on the fourth Saturday in December, 1911, a mayor and three councilmen shall be elected as provided in the next Section of this Act. Mayor and councilmen.

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Section 4. Be it further enacted: That on the fourth Saturday in December, 1911, there shall be elected for the city of Blue Ridge, by the qualified voters thereof, a mayor and three councilmen, one for a term of one year, one for a term of two years, and one of them for a term of three years, and annually thereafter, on the fourth Saturday in December, a mayor and one councilman for said city for a term of three years. The term of office of the mayor shall begin on the first day of January and end on the first day of January following, the terms of each person elected as councilman shall be for three years, beginning on the first day of January after his election, and until his successor is elected and qualified. The mayor and each councilman before entering upon the discharge of the duties of their respective office shall severally take and subscribe, before an officer qualified to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the city of Blue Ridge for the ensuing year, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Said mayor and councilmen shall provide by ordinance for regular monthly meetings, and may hold such special or called meetings as the business of the city may demand or require, to be convened as provided by ordinance. In the event the office of mayor or any one of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in case of vacancies in the council, and the person or persons so selected shall be duly qualified, upon taking the prescribed oath, to fill said vacancy or vacancies for the

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balance of the term or terms of such persons whom he or they may succeed. Elections of mayor and councilmen. Sec. 3. Be it further enacted by the authority aforesaid, That the said Act approved August 6, 1908, be, and the same is, hereby amended by repealing and striking from said Act approved August 6, 1908, Section Eleven (11) thereof, which Section provides for the election of municipal officers, their oaths, suspension and salary. Sec. 4. Be it further enacted by the authority aforesaid, That the following Section be, and the same is, hereby enacted and substituted in lieu of Section eleven (11) of said Act approved August 6, 1908, to-wit: Section 11. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and councilmen, on the first day of January, 1912, and annually thereafter, the mayor and councilmen shall elect a marshal, who shall be chief of police, (with the right and power in the mayor and councilmen to elect from time to time, or for such length of time as they may think necessary such number of other policemen as in their discretion they may deem necessary) and a city clerk, who shall be ex-officio city treasurer, for terms of one year each. Said marshal and clerk and ex-officio treasurer shall take such oaths, give bonds in such amounts and perform such duties as the mayor and council prescribe by ordinance; provided , that all such bonds shall be made payable to the city of Blue Ridge. Said mayor and councilmen shall have the power and authority to suspend or remove from office the said officer whenever in their discretion the best interest of the city of Blue Ridge may require, and it shall be the duty of the mayor and councilmen to fix the salary or compensation

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of the said officers, including those of the agents, servants or employees of the city of Blue Ridge. The salary of the mayor of the city of Blue Ridge shall not exceed the sum of fifty dollars per year, and the salaries of the councilmen shall be twenty-five dollars each, annually. All claims against the city of Blue Ridge, and incident to the operation of the said corporation, shall be paid out of the proper city funds by order drawn by the city clerk and ex-officio city treasurer, countersigned by the mayor, mayor pro tem., or acting mayor, but only after said claim or claims has or have been duly allowed and audited by the mayor and councilmen. Municipal officers. Sec. 5. Be it further enacted by the authority aforesaid, That the said Act approved August 6, 1908, be, and the same is, hereby amended by repealing and striking from said Act approved August 6, 1908, Section twelve (12) thereof, which Section provides for a quorum and the veto power of the mayor. Sec. 6. Be it further enacted by the authority aforesaid, That the following Section be, and the same is, hereby enacted and substituted for Section twelve of said Act approved August 6, 1908, to-wit: Section 12. Be it further enacted by the authority aforesaid, That the mayor and two councilmen shall constitute a quorum for the transaction of any business which may come before the mayor and councilmen, and a majority vote shall determine all questions coming before them. On all questions coming before the mayor and councilmen, the mayor or mayor pro tem., if presiding, shall be entitled to vote in case of a tie. Quorum of council.

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Sec. 7. Be it further enacted, by the authority aforesaid, That all of that portion of Section sixty-one (61) of the said Act approved August 6, 1908, which provides for and creates a water, light, sewer and bond commission, to be composed of three discreet and conservative business men of the city of Blue Ridge, etc., be, and the same is, repealed and stricken from said Section sixty-one (61) of said Act approved August 6, 1908. Bond commission. Sec. 8. Be it further enacted by the authority aforesaid, That all the powers, rights, duties and authorities conferred upon said water, light, sewer and bond commission of the city of Blue Ridge by said Section sixty-one (61) or any Section or provision of said Act approved August 6, 1908, be, and the same are, hereby conferred upon and vested in the mayor and councilmen of the city of Blue Ridge to be by them exercised as fully as the same were exercised by said water, light, sewer and bond commission of the city of Blue Ridge, provided, however , Sections seven (7) and eight (8) of this Act shall not become operative until the first day of January, 1912. Mayor and council succeed bond commission. Sec. 9. Be it further enacted by the authority aforesaid, That Section sixty-four (64) of the said Act approved August 6, 1908, be, and the same is, hereby amended by striking the word may as the same appears in the first line of said Section sixty-four (64), on page 451 of said Act approved August 6, 1908, as published in Georgia Laws, 1908, and in the clause of said Section enclosed in brackets, and by inserting in said Section the word shall, so that said clause shall read, as amended, as follows, to-wit: who shall be the city clerk. City clerk.

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Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1911. BOGART, TOWN OF, INCORPORATED. No. 224. An Act to amend an Act entitled An Act to incorporate the town of Bogart, in Oconee county, approved August 24, 1905, in order to establish a system of public schools in and for said town, to provide for the maintenance and support of the same, to provide for the issuance of bonds for said town of Bogart, for the purpose of building a school house and equipping the same, to authorize the mayor and council to provide for the payment of the principal and interest of said bonds by levying a tax therefor and to provide an election to ratify the provisions of this Act, and to amend Section second by striking out the word one-half and substituting in lieu thereof the word three-fourths so as to extend the limits of said town three-fourths of a mile and also to amend said Act by striking out the words one, half of as contained in Section nineteen, line three, so as to limit the tax rate of said town to eighty-five cents, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the town of Bogart in this

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State, a system of public schools to be established, conducted, maintained, supported and provided for in the manner prescribed in this Act. Bogart, town of, public schools. Sec. 2. Be it further enacted, That an election shall be held in said town of Bogart in conformity with provision of Article 8, Section 4, Paragraph 1, of the Constitution of the State of Georgia, on the question of local taxation for the support of said system of free schools, at such date as the mayor and council of Bogart may select, after the passage of this Act, and after notice shall have been given by said mayor and council for a space of thirty days next preceding the date of the election, in the newspaper in which Sheriff's advertisements of the county of Oconee are published, and all persons who are qualified to vote for members of the General Assembly of the State of Georgia, and who have resided thirty days next preceding the election within the corporate limits of the town of Bogart, and who have conformed to the requirements of said mayor and council in municipal elections, shall be entitled to vote in the election herein provided for. All voters who favor such local taxation for free schools shall have written or printed on their ballots, For free schools, those who oppose shall have written or printed on their ballots, Against free schools, and in case two-thirds of the votes cast at said election shall be for free schools, then it shall be the duty of the mayor and council of Bogart to annually raise by taxation a sum sufficient to carry out the purposes of this Act; said sum, however, shall not exceed three-fourths of one per cent. of all the taxable property, ad valorem taxes, of said town of Bogart. School tax. Sec. 3. Be it further enacted, That in case two-thirds of the qualified voters of said election shall vote for free

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schools the mayor and council of the town of Bogart shall have the authority to establish public and free schools in said town. Said mayor and council and their successors in office shall be the legal trustees of said school, shall be a body corporate, with the right to take and hold to it and its successors in trust for the town of Bogart any grant or devise of land, donation or bequest of money or other personal property, namely, to-wit, for educational purposes, with the right to sue and the liability of being sued. School trustees. Sec. 4. Be it further enacted, That said trustees, the mayor and council of the town of Bogart, shall from time to time elect a superintendent and teachers for the public school of Bogart, and shall adopt such rules and regulations as may be necessary for the successful conduct of said school, shall have a general oversight and management of said school, and shall do such other acts not inconsistent with the laws of this State as may promote the efficiency of the system of education under their charge. Superintendent, teachers, etc. Sec. 5. Be it further enacted, That the mayor of said town shall be president of said board of trustees, and the clerk of said council shall be ex-officio clerk and treasurer of said board of trustees. Officers of board of trustees. Sec. 6. Be it further enacted, That said trustees, or mayor and council, shall establish such grammar schools and high schools as in their judgment may be necessary for the education of the children of the town of Bogart. These schools shall be free to all children of school age residing within the corporate limits of the town of Bogart. Children of non-residents may likewise be admitted to said schools upon such terms as may be prescribed by said mayor and council. Free schools.

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Sec. 7. Be it further enacted, That the State School Commissioner is hereby authorized to pay over to the chairman of the board of public schools therein, under such rules and regulations as the board may prescribe, a just and full proportion of the common school funds arising from any and all sources belonging to or due said town of Bogart, to be by said board of public school trustees expended in the establishment and maintenance of said public schools in said town of Bogart as may be authorized by the Constitution and laws of this State. Pro rata part of State school fund. Sec. 8. Be it further enacted, That the mayor and council of the town of Bogart shall have power and authority to issue bonds of said town for the sum of six thousand dollars, to become due and payable at such time or times not exceeding thirty years from date of issue thereof, as said mayor and council shall determine, and bear interest not to exceed six per cent. per annum, said bonds to be issued, sold and hypothecated by the said mayor and council of the town of Bogart for the purpose of purchasing, building and equipping public school buildings in said town of Bogart. School bonds. Sec. 9. Be it further enacted by authority aforesaid, That the mayor and council of said town of Bogart are hereby authorized and empowered to levy and issue and collect annually sufficient taxes upon and from the taxable property in said town, real and personal, to pay the principal and interest of said bonds as they shall become due, and also sufficient amount for a sinking fund to pay off all of the remainder of said bonds at the expiration of the time when the last shall become due. These taxes shall be separately levied, assessed and collected for the specific purpose herein designated, and shall not be used or applied

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to any other purpose whatever. Said mayor and council are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. School tax. Sec. 10. Be it further enacted by authority aforesaid, That said bonds shall be signed by the mayor and clerk of the council of said town, and negotiated, sold and hypothecated in such manner and in such sums and at such times as the mayor and council shall determine for the best interest of said town and a speedy execution of the objects of this Act, and the money arising from the sale of said bonds shall be used by said mayor and council in building, purchasing and equipping suitable school buildings in said town, under such terms and in such locality as may be properly selected and procured for said purpose. Issuance and sale of bonds. Sec. 11. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect and become operative until the question of issuing said bonds shall have been submitted to a vote of the qualified voters of said town, under the rules and regulations adop ted by the mayor and council of said town, and approved by a two-thirds vote of the persons qualified to vote at an election held for that purpose in accordance with the Constitution and laws of this State, which election shall be held under an order of the mayor and council of said town, and notice of said election to the qualified voters of said town by said mayor and council shall be given for a space of thirty days next preceding said election in the newspaper in which the Sheriff's advertisements of the county of Oconee are published, notifying the qualified voters of said town, and that on the day named an election will be held to determine the question whether said bonds shall be issued by said municipality,

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said notice to specify the amounts of bonds to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off, as provided in Section 377 of the Code of 1895. All qualified voters desiring to vote for said bonds at said election shall have written or printed on their ballots, For bonds, and those desiring to vote against the issuance of said bonds by said town shall have written or printed on their ballots Against bonds. If two-thirds of the qualified voters of said town vote for bonds in accordance with the terms of this Act, it shall be the duty of the mayor and council of said town to issue and dispose of said bonds in accordance with the various Sections of this Act, in relation thereto, but should two-thirds of the qualified voters of said town fail to vote for such bonds at said election, the effect shall be only to suspend the various Sections of this Act in relation thereto. Election to authorize bonds. Sec. 12. Be it further enacted by the authority aforesaid, That if at said election held under Section two of this Act the question voted on shall be decided against issuing bonds, it shall be the duty of the mayor and council of said town, upon the written application of one-third of the qualified voters of said town, to order another election, which shall be held as required by this Act. Second election. Sec. 13. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rules and regulations as the election for mayor and council of the town of Bogart. Election, how held. Sec. 14. Be it further enacted by the authority aforesaid, That the Act to incorporate the town of Bogart in Oconee county, approved August 24, 1905, be, and the same

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is, hereby amended as follows: Section two, line four of said Act is amended by striking out the word one-half and substituting in lieu thereof the word three-fourths, so that the limits of said town shall be extended three-fourths of a mile from a point where Fifth street and the main track of the Seaboard Air Line Railway intersect and shall extend three-fourths of a mile north, east, south and west from said point. The corporate limits of said town shall be in the shape of a square as at present. Corporate limits. Section nineteen of said Act shall be and is hereby amended by striking from the third line of said Act the words one-half of, so that said Section, when amended, shall allow the mayor and council to levy and collect an ad valorem tax not to exceed eighty-five cents, of all the property, real and personal, within the corporate limits of said town. Ad valorem tax. Sec. 15. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. BOSTON, ELECTION OF CLERK AND TREASURER. No. 12. An Act to prescribe the manner of electing the Clerk and Treasurer of the town of Boston, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the

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clerk and treasurer of said town shall be elected by the qualified voters thereof at the same time and under the same regulations as the mayor. Boston, town of, election of clerk and treasurer. Sec. 2. Be it further enacted, that all conflicting laws are hereby repealed. Approved July 28, 1911. BOSTWICK, TOWN OF, ACT INCORPORATING REPEALED. No. 33. An Act to repeal an Act to incorporate the town of Bostwick, in Morgan county, Georgia, and to grant corporate powers to the same, and for other purposes. Approved December 15, 1902, and all amendments thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That an Act to incorporate the town of Bostwick in Morgan county Georgia, and to grant corporate powers of the same, and for other purposes, approved December 15, 1902, and all amendments thereto, be and the same are hereby repealed. Bostwick, town of, charter repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Held five days and became effective without signature of the Governor.

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BOSTWICK, CITY OF INCORPORATED. No. 290. An Act to incorporate the city of Bostwick, in Morgan county; to provide for the election or appointment of a mayor and council thereof; to provide for municipal government of said city; to provide for the levying and collecting of taxes for the maintenance thereof; to provide for a public school system therein; to provide for a city board of education to carry into effect said school system; to provide for the payment directly to said city board of education the amount due pro rata by the State as school funds to said city as per population thereof; to provide for the payment to the city board of education by the County School Commissioner of Morgan county for the attendance of any pupils of the county entitled to school funds who attend said city schools during the public term thereof; to provide for a charge of tuitions for all persons attending said city schools not entitled to public school funds; to provide for tuition for pupils of school age who are pursuing other branches than those taught in the common schools of the State; to provide for bonds and voting in thereof for the purchase of school property and for the erection of one or more school buildings in said city; to provide for the levying and collecting of taxes to maintain said school system; to provide for bonds for the installation of waterworks and electric lights in said city, and the voting in thereof; to prescribe and define the corporate limits of said city and the fire limits thereof; to provide for building permits and sanitary regulations in said city; to provide for city tax assessors, and the assessing of property for taxation within said city; to provide for the rate of taxation

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on all property in said city; to provide for occupation or business license tax; to provide for a mayor's or recorder's court for the trial of offences committed within said city and against the laws of the same; to provide for the binding over of criminals to the Superior Court of Morgan county; to provide for the appointment of a recorder for said city and defining his duties; to provide for a city chaingang; to provide for the laying out, building and maintaining streets, roads and alleys in said city; to provide for the compensation of officers and employees of said city; to provide for the condemnation of private property for public purposes for any and all kinds; to provide for any and all matters of municipal concern and cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority o fthe same, That from the passage of this Act, the inhabitants of territory designated and described in Section two of this Act, located in the county of Morgan, in the State of Georgia, be and the same are, hereby incorporated under the name and style of the city of Bostwick, and the said city of Bostwick is hereby chartered and made a city under the corporate name of the city of Bostwick, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State or cities thereof, and all rights, powers, titles, property, easements, hereditaments, within or without its corporate limits, now belonging to the town of Bostwick or hereafter belonging to said city of Bostwick, shall be, and are, hereby vested in said city of Bostwick as created by this Act; and the said city of Bostwick, as created by this Act, may, by its corporate name, sue and be sued, contract and be contracted with,

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plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the laws of the United States. And the said city of Bostwick shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years any property, estate or estates, real or personal, lands and tenaments and heriditaments, and of whatsoever kind, and within or without the limits of said city, for corporate purposes said city of Bostwick, created by this Act, shall succeed to all rights, and is hereby made responsible, as a body corporate, for all legal debts, liabilities, undertakings and suits or actions brought by or brought against said town of Bostwick and its mayor and council, and of, or in which, said town of Bostwick may in any wise be connected, interested or liable, as heretofore incorporated. Bostwick, city of, incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city of Bostwick shall extend one mile in every direction from the store house of the Bostwick Supply Co., in said city. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of the said city of Bostwick shall consist of, and be vested in, a mayor and four councilmen. That the present mayor and councilmen, towit: J. M. Preston, mayor; H. R. Wilson, L. L. La Boon, C. H. C. O'Croft and G. H. Wagnon councilmen, shall constitute the first mayor and councilmen of said city and shall remain in office until the first day of January 1912, or until

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their successors are elected and qualified, and said mayor and councilmen shall exercise all the powers and authorities confered upon the mayor and councilmen of said city of Bostwick, created by this charter, and on the second Saturday in December 1911, a mayor and four councilmen shall be elected as provided in the next section of this Act. Mayor and councilmen. Sec. 4. Be it further enacted by the authority aforesaid, That on the second Saturday in December 1911, there shall be elected for said city, by the qualified voters therein, a mayor and four councilmen, and annually thereafter, on the second Saturday in December, a mayor and four councilmen therefor. And all elections for mayor and councilmen under this charter shall be by general tickets. The term of office of mayor and councilmen elected hereafter under the provisions of this charter shall be one year, commencing on the first day of January next after their election, unless said day shall fall on Sunday, in which event their term shall begin on the following Monday, and said mayor and councilmen shall hold their offices until their successors are elected, or appointed and qualified. Before said mayor and councilmen shall enter upon the discharge of the duties of their offices, they shall severally take and subscribe, before some officer authorized to administer oaths by the laws of this State, or the retiring mayor, the following oath, to-wit: I do solemnly swear that I will well and truly demean myself as mayor or councilman in which capacity I have been elected or appointed to fill of the city of Bostwick for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability without fear or favor, so help me God. Should the mayor or any councilman be absent from the meeting at the time when said oath should be administered to the incoming mayor and councilmen, he shall

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take said oath as soon thereafter as possible. Said mayor and councilmen shall provide for monthly meetings and may hold such special or call meetings as the business of the city may require, and be convened as provided by the city ordinances. In the event that the office of mayor or one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by mayor and councilmen in case of vacancy in the council, and by the councilmen in case of vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies, in case they should be qualified to hold such office or offices, in case they were or should be regularly elected by ballot of the qualified voters of said city. Elections of mayor and councilmen. Sec. 5. Be it further enacted by the authority aforesaid, That should the mayor or any member of council fail or refuse to perform the duties of his office for a period of three consecutive months, or should any officer elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled as provided in the preceding section of this Act. Vacancies. Sec. 6. Be it further enacted by the authority aforesaid, That all elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said city of Bostwick, shall be managed by a Justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein, or by three freeholders, all of whim shall be citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before some Justice of the Peace, or some other

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officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All elections shall be held at the court house in said city, or at some other convenient place therein, and in case of the latter it shall be the duty of the mayor and council to give notice thereof for at least ten days before said election of the change of place by posting the same at the court-house and two other public places in said town, and all voting shall be by ballot. The polls shall be opened at eight o'clock a. m. and closed at four o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be declared to be elected by the managers, and a certicate from said managers to that effect shall entitle those elected to take the oath, and enter upon the duties of his office. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen, and said mayor and councilmen may determine and provide for the pay of the managers and such clerks as may be necessary to hold said elections. Election managers. Sec. 7. Be it further enacted by the authority aforesaid, That should any contest arise over any election for mayor and councilmen in said city, the same shall be determined and disposed of as provided by Section 3 of Volume 1 of the Civil Code of 1905, and other general laws of this State governing the question of contest arising over election for municipal officers. Contested elections. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor and councilmen at their first meeting,

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or as soon thereafter as practicable, shall elect one of the councilmen mayor pro tempore , who shall in the case of absence or disqualification of the mayor, or of vacancy in that office, perform and discharge all duties and exercise all the authority of the office of mayor. Mayor pro tem. Sec. 9. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly of this State, and who have paid all taxes legally imposed and demanded of them by the authorities of said city, and shall have resided in said city one month next prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws or ordinances of said city, shall be qualified to vote at any election held in said city as provided by this charter. Voters. Sec. 10. Be it further enacted by the authority aforesaid, that any citizen who shall have been a resident of said city for twelve months next preceding the election and who shall be eligible to vote at the election at which he is a candidate, shall be eligible for the office of mayor or councilman, and no person who is not thus qualified shall be not eligible to either of said officers. Qualifications for office. Sec. 11. Be it further enacted by the authority aforesaid, That at the first meeting of the Mayor and councilmen in each year, or as soon thereafter as practicable they shall elect a clerk and treasurer for said city, a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and councilmen shall be necessary to police said city, a city attorney, and such other officers as said mayor and councilmen may deem necessary for and in the good government of said city. Each of said officers shall

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take such oath, perform such duties, and give such bonds as the mayor and councilmen may by ordinance prescribe, provided that all bonds of officers shall be made payable to the city of Bostwick. Said mayor and councilmen shall have power and authority to suspend and remove said officers, in their discretion; it shall be their duty to fix the salary, or compensation of said mayor and councilmen, and all other officers, agents and employees of said city by appropriation or ordinance. All expenditures of the mayor and councilmen shall be paid out of the city treasury by an order by the city clerk, countersigned by the mayor, or in his absence, by the mayor pro-tempore , after mayor and councilmen have allowed it and audited the same. Municipal officers. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them. On all questions before the said council the mayor, or mayor pro tempore if he be presiding shall be entitled to vote only in case of a tie. Quorum of council. Sec. 13. Be it enacted by the authority aforesaid, That the mayor of the said city of Bostwick shall be chief executive officer thereof. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced and that all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the mayor and councilmen. He shall have the power to convene the council in special, call or extra sessions when ever in his judgment it becomes necessary. Powers of mayor.

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Sec. 14. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tempore , or in case of the absence or disqualification of both the mayor and mayor pro tempore , any councilmen of the city may hold and preside over the court in said city of Bostwick, to be called and known as the police court, for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, (compel) the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said court shall have power to punish for all violations of this charter, laws or ordinances of said city by fines not to exceed one hundred dollars, imprisonment in the city prison not to exceed sixty days, and to work on the streets in the city chaingang, or such other public way as the mayor, or acting mayor, may direct, not to exceed sixty days; and one or more of these punishments may be inflicted by the mayor or acting mayor, in his discretion, and the fines imposed may be collected by execution, if the mayor or acting mayor shall direct. Police court. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor, or the mayor pro tempore , in case he shall be presiding, shall have the power in said police court of a Justice of the peace and shall issue warrants against and try offenders charged with violating any criminal law of the State of Georgia in said city, and hear evidence on such charges and bind over the defendants to the Superior Court of Morgan county, commit to the common jail of said county or take bond for his appearance to said Superior Superior Court, in case the offense charged is bailable.

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Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal, or policeman, of said city to summons any or all bystanders or any other citizen of said city to aid in the arrest of any person or persons violating any ordinance of said town, or any law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. Arrests. Sec. 17. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who, at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officer is authorized to imprison and confine any person arrested by him in the city prison, for a reasonable length of time. The marshal and policeman of said city are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal and policeman of said city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of said city of Bostwick; provided , when the arrest is not made within twentyfour hours after the offense charged is committed, said marshal and policeman are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, or mayor pro tempore , or acting mayor. The city marshal or any policeman may take bond payable to the mayor of said

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city for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the mayor, mayor pro tempore or acting mayor. Arrests. Appearance bonds. Sec. 18. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Bostwick shall have power to organize one or more chaingangs, or work gangs, and confine therein persons who have been sentenced by the police court of said city to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce the same through proper officers. Chaingangs. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tempore , or acting mayor, when any person or persons are arraigned before the mayor's or police court, charged with violating any of the ordinances, resolutions, regulations or rules of said city may, for good cause shown by either side, continue the hearing to such time as the presiding Judge may think best, and the accused shall give bond and security for his appearance at the appointed time for trial, and imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tempore , or acting mayor, and an execution issued thereon by serving the defendant, if anywhere to be found, and his securities with a rule nisi , at least two days before hearing said rule nisi and final judgment passed thereon. The mayor, mayor pro tempore , or acting mayor shall have power and authority to accept cash in lieu of bond and security for appearance of offenders

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for trial, and if such offenders shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be, by order of the officer presiding, declared to be forfeited to the city of Bostwick. Appearance bonds. Sec. 20. Be it further enacted by the authority aforesaid, That the police court of said city shall have the same jurisdiction and the power over the forcing of witnesses to attend criminal trials in said court as the Superior Court of this State have in forcing their attendance of witnesses in criminal cases in these Courts and the presiding officer of said city has the same right to punish for contempts that are allowed by law to the Judges of said Courts in case of defaulting witnesses. Witness in police court. Sec. 21. Be it further enacted by the authority aforesaid, That any person convicted in the police court of said city shall have the right to certiorari to the Superior Court of Morgan county; provided , all cost are first paid and bond and security given in double the amount of the cash fine imposed, and in case the sentence is imprisonment, then such an amount as the presiding officer may think proper, to answer the final judgment in the case; and provided, further , nothing in this Section shall prevent the defendant who desires to certiorari his said cause to said Superior Court, to file the usual pauper affidavit in lieu of giving bond and security and paying the cost; and provided, further , the applicant failing to give such bond and security may, in the discretion of the presiding officer, be placed in the city prison to await the final jurisdiction of his case. Certiorari from police court Sec. 22. Be it further enacted by the authority aforesaid, That the mayor and councilmen may, at any time after the passage of this Act, elect three intelligent, discreet and

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upright persons, citizens and qualified voters of city, owners of real estate therein, tax assessors, whose terms of office shall be for one year. Said city tax assessors may at any time be removed from their office by the mayor and councilmen for good and sufficient cause, to be judged by mayor and councilmen, and all vacancies occurring from any cause may be filled by the mayor and councilmen at any time; and it shall be the duty of said tax assessors to assess the value of all real estate located in said city for the purpose of taxation by said city, and it shall be their duty to examine tax returns placed before them by the clerk of said city who shall receive the same and increase the valuation of personal property thereon when, in their judgment, the value placed thereon by the tax-payer is too small. The mayor and council shall have power to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to said mayor and councilmen each year, thirty days before the time for collecting taxes. When said return is made, said mayor and councilmen shall appoint a place for hearing objections to the assessments, said objections to be heard by said mayor and councilmen of which public notice shall be given as may be prescribed by ordinance, and the clerk of said city shall give each owner of property whose tax returns of personalty has been increased at least five days notice of such hearing, stating therein the amount of increase. If the property has been returned for taxation by any agent, notice to such agent shall be sufficient. If the owner is not a resident of said city and has no agent residing therein the mayor and councilmen shall prescribe by ordinance what notice, if any, shall be given. Said mayor and councilmen shall have power to provide by ordinance for assessing all property, both real and personal, located in and subject to taxation by said city, not returned

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for taxation, and for double taxing defaulters. The city assessors shall take such oath and receive such compensation as the mayor and councilmen may prescribe. Such city tax assessors shall have the power to require the taxpayers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, other securities and investments and choses in actions, when in their opinion the production is necessary for a correct, just and true assessment. All assessments made by said assessors of real estate shall become final if no objections are made on or by the date set for hearing objections by the said mayor and councilmen, notice, such as may be prescribed by ordinance, having been given of such hearing; and if objections are made at the time of the hearing and assessment, the decision of said mayor and councilmen on said assessment, whether they increase or decrease them, shall be final. Tax assessors. Sec. 23. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the right and authority to provide by ordinance when all property in said city shall be returned for taxes, when taxes thereon shall fall due, when taxes shall be paid, when executions shall be issued against those who have not paid their taxes by the time fixed by ordinance, fix a penalty for non-payment of taxes when due and any and all other acts that will effectively force the payment of all legal and just taxes due said city on all property subject to taxation therein. Taxation. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to provide for and define, by ordinance, the fire limits of said city and prescribe and designate the character, kinds and classes of improvements to be made within said fire limits; and, in order to carry out more

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effectively the provisions of this Section, they may, in their discretion, appoint a building inspector for said city and define his powers and duties and provide for building permits. They shall also have the authority and power to enact ordinances regulating the sanitation and sanitary conditions of said city, and prescribe penalties for violating the provisions of this Section, and all ordinances enacted in pursuance of same. Fire limits. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to require and collect a license tax on any or all businesses, occupations, avocations or professions carried on in said city, and to this end may, in their discretion, license in said city any or all businesses, occupations, avocations or professions, the running, practicing, carrying on, performing or conducting of which is not prohibited by the laws of this State. License tax. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to require the railroad or railroads, electric road or roads, except the public highways of said city, running through said city, or any portion of it, to make and repair the crossings on their several lines whenever, and in the manner, said mayor and councilmen may deem proper and necessary, and place or repair such crossings, or open up and keep open any and all streets, alleys or by-ways over or along which their several lines shall run in said city; and the mayor and councilmen may pass any ordinance needful for carrying out the provisions of this Section; and in case any of said named roads shall fail or refuse to make such crossings within five days, or such repairs within twenty-four hours after having been

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notified to do so by said city, the mayor and councilmen shall have power to create and make same at the expense of said road, or roads, and issue an execution therefor, and levy and collect the same as provided in the case of tax executions. Railroad crossings. Sec. 27. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have the right and authority to provide for the inspection of steam boilers, to regulate or prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, or other explosives or combustible substances or materials within said city; and to regulate the use of lights in stables, shops or other building or places; to regulate or prevent bondfires, the sale of fireworks, firecrackers, torpedoes, skyrockets, roman candles, firing of gun or guns, pistols, or fire arms, anvils and any and all kinds of gaming or hunting within the corporate limits of said city. Explosives. Sec. 28. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept or used for the purpose of playing, gaming or renting; all ten-pin alleys, nine-pin alleys or alleys of any and all kinds, or other tables, devices or machines, kept for the purpose of playing, or for the purpose of running the same, dancing halls or other places of amusements kept or rented for private gain, and charge for said license such sums as they may by ordinance prescribe. Specific taxes. Sec. 29. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and

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authority to assess taxes on all persons, firms or corporations carrying on a brokerage business in addition to other taxes they may have paid; they shall have power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealings between them and their customers. Specific taxes. Sec. 30. Be it further enacted by the authority aforesaid, That said mayor and council of said city shall have full power and authority to license, regulate and control all markets in said city, opera houses, livery stables, drays, hacks used for hauling of any kind and vehicles used for hire, auctioneers, itinerant lightning rod or other like dealers or peddlers, immigrant agents, all fire insurance companies or their agents doing business in said city, traders of all kinds, itinerant dealers in jewelry and medicine, and any or all itinerant articles of merchandise, except such as are exempt by the laws of this State; also any person, firm or corporation running a flying-jenny, flying-horse, merry go-round, bicycle or skating rink and like devices for gain, and all circuses, moving picture shows, side shows and all other shows, exhibitions or performances exhibiting in said city and all persons selling goods, wares and merchandise, or offering the same for sale, by sample advertisement or retail, and all other business, calling or avocation which are not exempt from license under the laws of this State. License. Sec. 31. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and any and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping

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of hogs within said city limits, or regulate the manner in which they must be kept if allowed to remain, also to impound such animals when found running at large in said city; and to charge such fees and costs for same as they may prescribe; also where the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping such animal or animals, the same may be sold at public outcry and the proceeds applied to the payment of said fees and costs of keeping such animal or animals under such rules and regulations as may be prescribed by said mayor and councilmen. Stock law. Sec. 32. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets, public roads, sidewalks, alleys, and all public ways in said city, and shall have power and authority to maintain, work or improve the same in any manner they may deem to the best interest of said city; and shall have power and authority to buy or condemn property of any and all kinds for the purpose of widening, straightening, grading or in any way changing said streets, or for the purpose of laying out and building new streets, alleys or public ways in said city, and when it becomes necessary to condemn lands for the purpose herein named, whether land so condemned shall be the lands of the owner, trustee, administrator, executor, guardian or agent, said condemnation may be done in the manner provided in Sections 4657 to 4685 inclusive, of Volume two of the Code of Georgia 1895; the Acts amendatory thereof and the general laws of this State relating thereto. After any proceedings shall have begun to condemn lands for the purpose herein specified, the mayor and council may abandon the same at any time, if they think it to the best interest of the city, upon payment of cost which they are hereby

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authorized to do, the mayor and council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fence, gate, post, or other obstruction or nuisance in the public streets, alleys, sidewalks or other public places in said city and to enforce the provisions of this Section by appropriate ordinance. The mayor and council shall have full right, power and authority to provide for and regulate or have the same done, the curbs, gullies and other sluice-ways or drain-ways emptying into the streets, sidewalks, alleys or other public ways of said city; to regulate or prohibit (except as such power may be restricted by any existing general law of this State) to use of the streets, sidewalks, or other public ways or places for signs, sign posts, awnings, telegraph or telephone poles, horse racks, and for carrying banners, hand-bills and advertising, to regulate or prohibit exhibitions of banners, handbills, placards or other things of like character on the streets and sidewalks and public places in and of said city; also to compel any telegraph or telephone company having previously erected poles and wires in said city, to remove the same to any reasonable location designated by said mayor and council, the same to be done for the better maintaining, charging or improving the public ways of said city or accommodating the traveling public thereof and therein; and in case said telegraph or telephone companies shall fail to remove said poles and wires within thirty days after having been notified to do so, said mayor and council shall have the right to do so at the expense of said company, and to collect the cost of such removal by execution. Streets, etc. Sec. 33. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority in their discretion to grade, pave, macadamize or otherwise improve the travel or drainage of the

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streets, sidewalks, alleys or other public ways of said city. In order to carry into effect the authority above, said mayor and council shall have the right and authority to assess not more than two-thirds of the cost of paving and otherwise improving the streets and sidewalks on and against the real estate abutting on same, said assessments to be done in a just and fair manner to the adjoining real estate owners; and when said improvements are made a bill for the pro rata part of the cost thereof shall be presented to the adjoining land owner or his agent, if either lives in said city, if not posted on the land for five days, and if the same is not paid, execution shall issue therefor and collected, and the lien against the property for its pro rata of said improvements shall begin at the time of the passage of the ordinance authorizing the same to be made and shall have priority to all liens, except liens for taxes due the State, county and State. Street improvements. Sec. 34. Be it further enacted by the authority aforesaid, That the mayor and council of the city shall have power and authority to establish, maintain and operate a system of sewerage and drainage, or parts of such system, in said city, and around said city, for health, cleanliness and comfort of its inhabitants; and the said mayor and council shall have entire and absolute control and jurisdiction over all pipes, private drains, public sewers, private water closets, privies and the like, both public and private, in said city, with full power to prescribe the location, structure, uses and preservation, an dto make rules and regulations concerning them in all particulars as may seem best for the maintenance and preservation of the health and comfort of the inhabitants of said city; with full power also to require changes in or discontinuances of any such contrivances or structures already in existence, or that may

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hereafter be allowed. When any system of sewerage or drainage shall be constructed by said mayor and council or under their direction, assessments may be made and executions may issue for the cost thereof, under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets or other public ways under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets; and all other provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they may be applicable to constructing and maintaining sewers, and may be enforced by said mayor and council by appropriate ordinances. Drainage and sewerage. Sec. 35. Be it further enacted by the authority aforesaid, That in case any sewer or sewers, or parts of same, shall be located upon or through private property, and the owners of said property refuse to grant rights for that purpose, and if such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, the damage shall be assessed as in case of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed, notwithstanding an appeal; and that the mayor and councilmen of said city may provide by ordinance, or ordinances, for the execution of the provisions of the Sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Condemnation for sewers. Sec. 36. Be it further enacted by the authority aforesaid, That for the purpose of the preservation of the health

Page 817

of the inhabitants of said city, the mayor and councilmen are empowered to extend their system, or any part thereof, of sewerage, or drainage, beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sec. 37. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to make assessments on the various lands and lot-owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot assessed, and to collect same by execution against the lot so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot for the date of assessment, and the execution shall be issued, and enforced and collected in the same manner that other executions are issued, enforced and collected in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe and define what shall constitute a lot for sanitary purposes and assessments; provided , assessments shall not be on lots or resident lots subdivided. Sanitary tax. Sec. 38. Be it further enacted by the authority aforesaid, That for the purposes of raising revenue for the support and maintenance of the government of said city of Bostwick, the mayor and councilmen shall have full power and authority to levy and collect an advalorem tax on all property, real and personal, including money, notes, bonds, accounts and every other species of property in said city or owned or held therein, of not exceeding one dollar on each and every hundred dollars of taxable property, exclusive

Page 818

of taxes for public school purposes and other specific tax not necessary in the support and maintenance of the general government of said city; and for the purpose of providing a sinking fund for the purpose of paying the principal on any bonds that may be issued by said city authorities, and to provide a fund for the payment of any interest on such bonds an advalorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinances for the return and collection of all taxable property, in said city, and to provide penalties for neglect or refusal to comply with the same. Taxation. Sec. 39. Be it further enacted by the authority aforesaid, That the jurisdiction of the mayor and council of said city and the territorial limits of the same are hereby extended for police and sanitary purposes over all the lands that may be acquired by said city for waterworks, sewerage or electric light purposes and waterworks or other stations, and for any other public purpose or use, and adjacent lands and the pipes and mains of said waterworks or sewer system that shall have power authority to provide by ordinances for the protection of said city waterworks or sewerage system and the preservation of the purity of the water of said waterworks system, and to provide penalties for violation of said ordinances, and the enforcement of the same. Said mayor and councilmen shall have jurisdiction over all property used for public purposes of any and all natures within or without the limits of said city and the police power of said city shall be exercised over the same, and said mayor and councilmen shall have the right to make ordinances governing the same Said mayor and councilmen shall have full authority to contract for or condemn lands within or without said city

Page 819

for the purposes of establishing and maintaining an electric lighting or waterworks plant or system, sewerage system, or any of them; provided , that if it becomes necessary to exercise the right of condemnation, all proceedings shall be under the provisions of Sections 4657 to 4686 inclusive, of Volume 2 of the Code of Georgia of eighteen and ninety-five, and Acts amendatory thereof. Territorial limits for police and sanitary purposes. Sec. 40. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full and complete control of the sanitation of said city, and shall appoint such committees or boards as they may deem proper to look after the sanitary conditions of said city and prescribe the rules and regulations governing said bodies. And said mayor and councilmen shall have power and authority to cause owners of lots or parts of lots, yards, cellars and other places where filth or trash may accumulate in case the same should prove a nuisance, to fill or drain the same, and to fill or level the same so that such filth or trash should not accumulate therein or thereon and the sanitary condition thereof become pure. That if the occupants or owners of said lots, yards or cellars shall fail after notice, either to themselves or agents or after notice has been posted thereon for five days, to comply with the request of the mayor and council to fill up or drain said lot, yard or cellar, it shall be lawful for said city authorities to have said work done and issue executions for the cost of doing the same against the property so improved, and sale under such execution shall be the title to the property when sold. Sanitation. Sec. 41. Be it further enacted by the authority aforesaid, That the mayor and council may by ordinance declare what shall be a nuisance in said city, and provide for the

Page 820

abatement of the same. The police court in said city shall have concurrent jurisdiction with the mayor and councilmen in respect to the trial and abatement of all nuisances in said city. Nuisances. Sec. 42. Be it further enacted by the authority aforesaid, That the marshal of said city shall have full power and authority to enter and, if necessary to make such entrance, to break open and enter any building or place in said city in which the said marshal or the mayor and councilmen shall have reasonable cause to believe or may suspect, a (blind tiger) or where whiskeys, beers, wines, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling the same; and the said mayor and councilmen shall have full power and authority to abate any place in said city as a nuisance when they shall have reasonable cause to believe that a blind tiger is being carried on therein or spirituous, vinous, malt or intoxicating liquors or beers are being sold therein, and to arrest the offender or offenders, and upon conviction of a person for maintaining such nuisance and as a punishment for same, said mayor and councilmen shall have power and authority to cause the marshal or policemen of said city to seize and destroy the stock of liquors, beers and wines of said offender and the apparatus for selling the same, and otherwise punish said offender, or offenders, as may be provided by ordinances. Blind tigers. Sec. 43. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall exercise general supervision over all buildings or structures within said city and shall prescribe rules and regulations for the building and improving the same; and they shall have power to protect all places of divine worship and cemeteries in said city,

Page 821

to provide places for the burial of the dead, either within and without the city limits, to regulate interments therein and to expend annually such sum as may be necessary to keep said cemeteries in proper condition. Police powers. Sec. 44. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the power to enact ordinances for the purpose of preventing the spread of contagious or infectious diseases, to declare and maintain quarantine line and regulation against such diseases, and punish for violations of any of said quarantine rules and regulations of said city. They shall have power to build or establish a pest house within or without said city limits and for this purpose they are authorized to buy, rent, hold or receive, real estate, either within or without said city limits. They shall have power to compel the removal to the pest house any person or persons who shall have small pox or any other contagious or infectious diseases, when in their judgment it is to the best interest of the inhabitants of said city to do so; and they may compel all persons to be vaccinated, whether they be residents or sojourners of or in said city, and may provide vaccination points and materials and employ physicians at the expense of said city, all persons who are not able to procure said vaccination materials and may provide by ordinances punishment for persons failing or refusing to be vaccinated. Quarantine. Vaccination. Sec. 45. Be it further enacted by the authority aforesaid, That all rules, regulations and ordinances heretofore of force in the town of Bostwick and which are now in force and not inconsistent or repugnant to this Act, shall remain in force and effect until the same are repealed, altered or amended by the mayor and councilmen of said city of Bostwick, which they are hereby authorized to do at any time

Page 822

they may deem it proper. All ordinances, resolutions, rules, and regulations passed by said mayor and councilmen shall be recorded in a well bound book by the clerk of said city, which shall be open to inspection by the citizens of said city at any and all times, and it shall not be necessary to give notice to the public of the intention to introduce any ordinance, rule, resolution or regulation, either before or after its passage, other than such notice or publication as is given by the recording of the same in the book to be kept as aforesaid by said city clerk. Ordinances. Sec. 46. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power to grant franchises, easements and right--of-way over, in, under and on the public streets, squares, lanes, alleys, parks, and other ways and property of said city on such terms and conditions, and for such compensation, as they may fix; provided , that no such privileges shall be granted by said mayor and councilmen for a term of more than twenty years. Franchises. Sec. 47. Be it further enacted by the authority aforesaid, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended whenever he may be found in this State, and a warrant of the mayor, mayor pro tem., or acting mayor of said city shall be sufficient authority for his arrest and return for trial upon the charge resting against him, and should any person after conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officer, or either one of them, shall be sufficient authority for his arrest and return, and all persons so escaping from the custody of said city, or its officers,

Page 823

may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Fugitives from justice. Sec. 48. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary to examine into the workings of any officer, or conduct of any officer, and said committee or mayor and councilmen conducting said examination, shall have power to send for any person and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and make all disclosures pertinent to such investigation, and if the facts authorize, to suspend any officer so investigated or whose conduct is the subject of such investigation. Supervision of officers. Sec. 49. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power and authority to establish a fee bill for the officers of said city, such fees when collected to be paid into the city treasurer. Fee bill of officers. Sec. 50. Be it further enacted by the authority aforesaid, That the mayor and councilmen may provide for a city prison, which shall be safe and suitable for keeping and detention of prisoners and convicts, and may appoint a custodian therefor. City prison. Sec. 51. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to suppress lewd houses, lewdness and immoral conduct, gambling and gambling places and to preserve the sanctity of the Sabbath day and to this end may

Page 824

enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this Section, and upon proper and sufficient proof of ill fame, bawdy houses lewd or gaming houses or place, said mayor and councilmen shall have full power and authority to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agent who shall after notice of the character of the inmates continue to rent or suffer the same to remain on the premises, shall, upon conviction, be punished as provided by ordinance. Lewd houses, etc. Sec. 52. Be it further enacted by the authority aforesaid, That said city of Bostwick created by this Act shall have power and authority to establish, own, maintain and operate a system of waterworks, electric light plant or plants, gas works and sewerage system, or any of them, for the purpose of supplying its inhabitants and the city as well as customers generally, within said city and its suburbs, with water, lights, electricity or gas for ordinary using or power purposes, sewerage, or any of them, and the mayor and councilmen of said city shall have full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of such plants, or any parts of same, lands or premises, and water rights, to be used in connection therewith, whether within or without said city, and if necessary, to condemn the same as in this charter provided. Said mayor and councilmen shall have authority to make contracts for the purchase of plants, machinery and appliances, and do any act necessary in connection with same, and for the purpose of making said system more proficient, the said mayor and councilmen shall have the power to appoint a commission for all, or

Page 825

any, of said systems, and prescribe their duties and powers by proper ordinances. Water and light. Sec. 53. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall provide for the proper registration of qualified voters for both general and special elections in and for said city, and to this end they are hereby authorized to pass such ordinances, rules and regulations governing the same as will carry said registration into effect in a way that will allow all citizens of said city, who are qualified to vote to exercise that right, and prohibit those not qualified to vote from doing so. Registration of voters. Sec. 54. Be it further enacted by the authority aforesaid, that all executions in favor of the city of Bostwick for the enforcement and collection of any fines, forfeiture, assessment, taxes, or other claims, demand or debt, shall be issued by the clerk of said city and bear test in the name of the mayor except when otherwise provided by this charter, and shall be directed to the marshal of said city and all and singular the Sheriffs and constables of the State and shall state for what issued, and be made returnable to the mayor and councilmen of the city of Bostwick at least within ninety days after issuing the same; and it shall be the marshal or other collecting officer's duty to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriff's sales of realty or constable's sales of personality are required to be by law. All of such sales to be at the place and within the usual hours of sale of Sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's and constable's sales of similar property, both real and personal, for taxes due said city, shall be the same as provided by law for sales

Page 826

under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor with ten per cent. premium thereon. Whenever, at any such sales for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all cost, and after such property shall have been cried for a reasonable time, then any officer or agent of said city may bid off said property for said city, and the marshal, or the officer making said sale, shall make to said city of Bostwick a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period of redemption of the owner shall have expired, and the marshal, or other officer making said sale shall put the city in possession, and the mayor and council of said city shall have no right to divert or alienate the same, the title of the city to sell said property, except by public sale to the highest bidder, in such manner as may be prescribed by ordinances duly made and executed by said mayor and council of said city of Bostwick. The clerk of said city shall keep an execution docket, and shall enter thereon all executions, giving the date, the amount, the purpose of which, and to whom the same was delivered, and all the doings and actings thereon. Said execution shall also be returned to the office of said clerk after the same has been duly satisfied. All sales and conveyances made under execution shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making any sale, shall have the same power as the sheriffs and constables to put purchasers in possession of the property sold by them under the laws of this State. Sales under execution.

Page 827

Sec. 55. Be it further enacted by the authority aforesaid, That the mayor and council shall provide by ordinance the form of all accusations, affidavits and warrants to be issued in all trials for violations of ordinances and criminal laws of said city and of the State in said city, and procedure in such trials. Nothing in this Section shall operate to repeal any ordinance or rules of said city now of force on this subject, but the same shall remain of force and effect until the same are repealed or amended by ordinance duly adopted by said mayor and council. Accusations, etc. Sec. 56. Be it further enacted by the authority aforesaid, That said mayor and councilmen of said city shall have power and authority to acquire, on behalf of the city of Bostwick by gift, purchase, lease or otherwise, grounds suitable for park, or parks, as in their judgment may be to the interest, welfare and duty of said city or citizens and shall have the power and authority to lay out the same into such park or parks, improve, maintain and preserve the same, and to this end may appoint such officers and employees to carry out the purposes of the Section and prescribe their compensation for such employment. Parks. Sec. 57. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to adopt ordinances for the setting out, improving and protecting the trees and groves of said city and upon the streets, sidewalks and other public ways or places thereof; and no one shall be empowered with the right to fell or otherwise injure said trees without the written consent of the said mayor and councilmen. Trees. Sec. 58. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Bostwick

Page 828

may require and compel all male persons in said city between the ages of twenty-one and fifty years subject to road duty under the laws of Georgia, to work upon the streets, sidewalks, lanes, alleys, squares and other public ways and property in said city not to exceed six days in each year at such time or times as the said mayor and councilmen may require, or to pay a commutation tax in lieu thereof, not to exceed one dollar per day for each day required to be performed as said mayor and councilmen may determine by ordinance. Should any person liable to work as aforesaid in this Section fail or refuse to do so, or to pay the commutation tax required of him in lieu thereof, after having been notified either by serving him in person or by leaving written summons at his most notorious place of abode at least one day before such work shall be done or commutation tax in lieu thereof be collected, shall be deemed guilty of violations of this Section, and on conviction in the police court of said city, shall be fined in a sum not to exceed three dollars for each day he may be required to work or for each dollar of commutation tax due by him, or imprisoned in the city prison not exceeding fifteen days for each time he may be required to work, or imprisoned in the city chain gang not to exceed three days for each day required to work or for each dollar required as commutation tax. Said mayor and councilmen shall make such rules, regulations and ordinances to carry into effect this Section as they may deem proper, not inconsistent herewith. Street work and commutation tax. Sec. 59. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Bostwick shall have full power and authority to pass all laws, ordinances, rules, and regulations, that they may deem and consider necessary for the peace and good order, health,

Page 829

prosperity, comfort and good morals in said city, to supress lewdness, gambling, disorderly conduct, drunkeness, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and council shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and council by this charter; to make and enforce such ordinances, rules, resolutions and regulations for the government of their body, and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act or that may be done or exercised under the laws of this State conferring powers upon municipal corporations; provided , said laws, ordinances, rules, resolutions and regulations are consistent with the laws of this State. General welfare. Sec. 60. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles and all other vehicles, to prevent unnecessary noise from locomotives, steam whistles, bells, or other contrivances that may disturb the peace and comfort of the citizens and to adopt all necessary ordinances for these purposes and penalties, and enforce the same for violation thereof. Public tranquility. Sec. 61. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power to pass ordinances and regulations, preventing idleness and loitering within the corporate limits of said city and to prescribe penalties for violations thereof. Vagrancy.

Page 830

Sec. 62. Be it further enacted by the authority aforesaid, That in case the mayor, or any councilman, while in office shall be guilty of malpractice, and wilful neglect in office, or abuse of the powers conferred on him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment. Sec. 63. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and councilmen of said city to provide for fire protection, and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any building necessary therefor, and adopt such ordinances and regulations as will best promote the object of this Section, and the protection of property in said city from fires. Fire department. Sec. 64. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to put tax on dogs within said city, not to exceed three dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorize the city marshal and policeman of said city to kill any dog running at large in said city whose owner refuses to comply with such ordinances. Tax on dogs. Sec. 65. Be it further enacted by the authority aforesaid, That authority to carry out and enforce and effectuate by ordinances, and to provide penalties for violation of said ordinances, whenever in their discretion the mayor and councilmen may deem it necessary, and all further power granted to said city of Bostwick as created by this

Page 831

Act, are hereby expressly conferred on the mayor and councilmen of said city. Punitive powers. Sec. 66. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Bostwick are hereby authorized to levy and collect a tax annually, in addition to that now allowed by this charter for other purposes, not to exceed one per cent., on the taxable property of said city as shown by the regular digest of property prepared for purposes of town taxation, for the purpose of establishing and maintaining a system of public schools for said city, said fund not to be used for any other purposes. School tax. Sec. 67. Be it further enacted by the authority aforesaid, That there shall be a board of education for said city under the corporate name of Bostwick Board of Education, with the right to sue and be sued in said corporate name, and whose duty it shall be to establish, manage, control and maintain said system of public schools. Said board shall consist of five members, to be elected by the mayor and councilmen of said city within thirty days from the ratification of the Sections of this charter providing said school system as hereinafter provided, or as soon thereafter as possible. At the first election two members shall be elected for two years and three members shall be elected for a term of one year, and thereafter elections for members of said board shall be held annually, on the first Monday in January of each year, or as soon thereafter as practicable, and the terms of members after said first election shall be for two years. All vacancies on the board of education shall be filled by special elections, for the unexpired terms only. The members of said board may hold their office until their successors are elected and qualified. No person shall be

Page 832

eligible to membership upon said board except such persons as would be eligible to the office of mayor of said city, and no person shall be eligible to membership on said board who is mayor or councilman of said city at the time of his election. Board of education. Sec. 68. Be it further enacted by the authority aforesaid, That said board shall organize by electing a president and vice-president from their own members. They may also elect a superintendent of schools, who shall act as secretary of said board, but shall receive no extra compensation for his services as treasurer of said board. Officers of board. Sec. 69. Be it further enacted by the authority aforesaid, That said board of education shall have power to establish, design and adopt a system of public schools for said city; to appoint a superintendent and teachers for the same; to suspend or remove such teachers and superintendent, to fix compensation for such employees as are entitled to compensation, to provide school house, or houses, by rent, building, purchase or otherwise, to make and hold titles to such property, if proper to do so, and to make such rules and regulations for the government of themselves, said schools and all other matters and things pertaining thereto as they may deem proper and not in conflict with the laws of this State, and to do any and all things promotive to the best educational interests of said city not in conflict with the provisions of this Act and the laws of this State. Powers of Board of education. Sec. 70. Be it further enacted by the authority aforesaid, That there shall be established and maintained for at least six scholastic months in each year under the provisions as hereinbefore and hereinafter set forth, one, and

Page 833

only one, at or near the center of said city, within easy reach of all the children of school age in said city, school for white children, and if board of education deem it necessary, they may establish and maintain one, and only one, school for colored children, at any place they may deem proper, in said city. No white child shall be admitted into the school for colored children, and no colored child shall be admitted into the school for white children. All children who are entitled to public school under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city, shall be admitted to said school or schools, upon payment of such incidental fees only as the board of education of said city may deem necessary. Children of non-residents, and such others as may not be entitled to the benefits of said school, shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of this State; provided , said board may charge an extra tuition or incidental fees to students pursuing in said school a higher course than that taught in the common schools of said State. Scholastic year. White and colored schools. Sec. 71. Be it further enacted by the authority aforesaid, That after said school system has gone into effect, as hereinafter provided, it shall be the duty of the county School Commissioner of Morgan county, and he is hereby required to pay over to the treasurer of said city, under such rules as the board of education of said city may provide, that portion of the school fund of said county to which the schools established as herein provided for said city may be entitled under the laws of this State and the rules of distribution under which the county Board of Education of Morgan county assigns to the other schools of said county

Page 834

their pro rata share of the school funds of said county; provided , that said funds due said schools in said city by said county School Commissioner of said Morgan county shall be based on the pro rata part of all the school children attending said school, whether they reside within the corporate limits of said city or not, who are entitled to public school funds in any public school in said State. Pro rata part of State school fund. Sec. 72. Be it further enacted by the authority aforesaid, That as early as practicable after said school system has gone into effect, and by January 20th of each year thereafter, the said board of education shall determine what amount of money will be necessary to be raised by taxation to defray the expenses of said school, or schools, for the ensuing year, and shall lay the same before the mayor and councilmen of said city, and said mayor and councilmen shall be required to levy and collect; provided , said amount does not exceed one per cent. of the taxable property of said city, which said amount shall be levied and collected as other taxes of said city are levied and collected, and without expense therefor. Said tax, when collected, shall be turned over to the treasurer of said city, and together with the amount received from the county School Commissioner of Morgan county, such tuition or incidental fees as may be collected and any and all other funds as may be placed in his hands to be used for said school shall constitute a fund to be expended only by order of the said board of education in defraying the expenses necessary for carrying on said schools. School tax. Sec. 73. Be it further enacted by the authority aforesaid, That after said school system goes into effect the board of education of Morgan county shall not grant any lisence to, or contract with any person to teach a school of

Page 835

any character in said city, nor shall any of the State school funds be paid to any school in said city other than herein provided for; and it shall not be lawful for said county board of education to establish or maintain any public school or schools, within two miles of the corporate boundaries of said city without the written consent of the board of education of said city. County schools. Sec. 74. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power and authority to issue bonds of said city not to exceed five thousand ($5,000.00) or so much thereof as may be, in their judgment, necessary. Said bonds may be issued of such denominations, and with such rate of interest, not exceeding seven per cent. per annum, as said mayor and council may determine upon. They shall run for a term not to exceed fifteen years, and said mayor and council may provide for the maturing of said bonds at any time during said fifteen years, and said mayor and council shall designate when the interest on such bonds shall become due and payable. Said bonds, when issued, shall be sold for not less than par, and their proceeds turned over to the board of education of said city, to be used by said board for the purpose of purchasing or erecting one or more public school buildings in said city, and properly furnishing the same, and for this purpose only. School bonds. Sec. 75. Be it further enacted by the authority aforesaid, that before said bonds shall be issued it shall be recommended by said city board of education, and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the mayor and councilmen upon the recommendation of the city board of education, shall order an election, of which at least ten days'

Page 836

notice shall be given by posting in at least three public places in said city. Said election shall be held and governed by the same rules and regulations as elections for mayor and councilmen, and the qualification of voters shall be the same. Each voter shall have printed or written on his ballot the words (For bonds) or (Against bonds) and if two-thirds of the qualified voters, voting at said election, shall vote for bonds, it shall be the duty of the mayor and councilmen to issue the same, and in the event said bond election shall not carry, it shall be the duty of said mayor and councilmen, upon the recommendation of said board of education, to order an election; provided , said election shall not be held oftener than six months. Election to authorize bonds. Sec. 76. Be it further enacted by the authority aforesaid, That at or before the time of issuing any of said bonds the mayor and councilmen of said city shall provide for the levy and collection of an annual tax if necessary, in addition to all other taxes authorized by law, and of sufficient amount to pay promptly the principal and interest of said bonded debt, nor shall any part of said fund so raised, be used for any other purpose. Tax to pay bonds. Sec. 77. Be it further enacted by the authority aforesaid, That in case any school property acquired by said city under any provision of this Act, or otherwise, be sold, the funds derived from such sale, or sales, shall be reinvested in other property to be used for school purposes, or applied to the liquidation of said bonds. School property. Sec. 78. Be it further enacted by the authority aforesaid, That said mayor and councilmen may require the members of said city board of education or any employee

Page 837

thereof, to take such oath and give such bond, or bonds, as said mayor and council may deem proper. Oath and bond of members of board of education. Sec. 79. Be it further enacted by the authority aforesaid, That before the Sections of this Act, Section 67 to Section 79 inclusive, which provides for a public school system for said city, shall become operative, its adoption shall be submitted to the qualified voters of said city, for which purpose the mayor and councilmen shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said city, which election shall be held under the same rules and regulations as elections for mayor and councilmen of said city, and the qualification of voters shall be the same. At said election those in favor of said public school system shall have written or printed on their tickets or ballots the words (for public school system) and those opposed to public school system shall have written or printed on their tickets or ballots the words (against public school system), and if two-thirds of the ballots cast in said election be for public school system, said Sections herein named shall become operative. Should the result of the election herein provided be against the public school system the mayor and councilmen shall order another election not oftener than six months apart until said system is adopted. Election for public school system. Sec. 80. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power and authority to establish and maintain a waterworks and sewerage system for said city, and to this end may purchase, lease, rent and control lands, within or without the corporate limits of said city, and shall do any and all acts in establishing, maintaining and controlling the same as they may deem proper; they shall have the privilege

Page 838

of purchasing all things or materials in connection therewith. If they deem it proper they may issue bonds in the sum of not exceeding twenty-five thousand dollars, the same to be of such denominations and bear such rate of interest not exceeding six per cent. per annum as said mayor and councilmen may see fit, said bonds to be paid within twenty years, but said mayor and councilmen may refund the same within a less period than twenty years. Before said bonds shall be issued, said mayor and councilmen shall order an election at which all qualified voters, eligible to vote for mayor and councilmen of said city, shall be entitled to vote. Those in favor of bonds shall have written or printed on their ballot for waterworks and sewerage bonds, and those against such bonds shall have written or printed on their ballots against waterworks and sewerage bonds. If two-thirds of such qualified voters voting at said election, shall cast their ballot for such bonds, said mayor and councilmen shall issue the same, and the proceeds from their sale shall be used for the establishment of said system, and for no other purpose. Said mayor and councilmen shall post notice of said election for at least ten days prior to the holding thereof in three conspicuous places in said city, and said election shall be held under such rules and regulations as elections for mayor and councilmen are held for said city, before the issuing of said bonds or any part thereof. Said mayor and councilmen shall prepare for the levy or collection of taxes over and above other taxes to be levied in said city with which to pay the annual interest and the principal of said bonds when the same shall become due. If said election should not be in favor of the issuance of said bonds the mayor and councilmen have the right to order other taxes to be levied in said city with which to pay the annual interest

Page 839

and the principal when the same shall become due. If said election shall not be in favor of the issuance of said bonds the mayor and councilmen shall have the right to order other elections not less than six months apart until said bond issue shall carry. Waterworks and sewerage. Sec. 81. Be it further enacted by the authority aforesaid, That said mayor and councilmen may establish and maintain an electric lighting system in and for said city, and to this end they are authorize to purchase all things, equipage and materials necessary in the establishment and maintenance of said system. They shall have the right for this purpose to purchase, lease, rent or otherwise hold land and rights-of-way either within or without the corporate limits of said city, and shall make all ordinances, rules and regulations necessary in the establishing, maintaining, controlling and preserving said system, and in renting lights and power to customers. Before said system shall be installed, said mayor and councilmen shall have power and authority to issue bonds in a sum not to exceed twenty-five thousand dollars, which said bonds shall bear an annual rate o finterest not to exceed six per cent., and shall be issued in such denominations as the said mayor and councilmen shall see fit, and shall be paid within twenty years from their issuance, but said mayor and councilmen may refund said bonds in an earlier period than twenty years; and at the time and before said bonds are issued said mayor and councilmen shall provide for the levy and collection of taxes over and above the taxes in and for said city sufficient to pay the principal and interest due on said bonds whenever the same may become due and payable. Before said bonds shall be issued the mayor and councilmen of said city shall order an election for said bonds, at which all voters

Page 840

qualified to vote for mayor and councilmen of said city shall be eligible to vote. Said mayor and councilmen shall give notice of said election by posting the same in at least three conspicuous places in said city for ten days prior to holding of said election, and the same shall be held under the same rules and regulations as elections for mayor and councilmen of said city are held. At said election all voters in favor of such bonds shall have written or printed on their bollots for electric light bonds, and those against said bonds shall have written or printed on their ballots against electric light bonds. If two-thirds of the qualified voters voting at said election, shall cast their ballots for said bonds, then it shall be the duty of said mayor and councilmen to issue said bonds and with the proceeds to establish and equip said electric lighting plant, for which the proceeds of the sale of said bonds shall be used and for no other purposes. Electric lights,. Sec. 82. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly of this State heretofore passed and amendments thereto incorporating the town of Bostwick and conferring powers on the same, are hereby repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. BOWERSVILLE, TOWN OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 230. An Act to establish, maintain and operate a system of public schools in the town of Bowersville, Hart county,

Page 841

Georgia; to authorize the municipal authorities of said town to assess, levy and collect taxes to maintain said public schools; provide for the organization and election of a board of education of said town, fixing its powers and duties; to provide for a secretary and treasurer for said board; to authorize and require the State School Commissioner to pay over to the board of education of the town of Bowersville such part of the public school funds of the State as may be pro rata share due said school system for pupils of said schools residing in said town, and also enacting and requiring the County School Commissioner of Hart county to pay to said board the pro rata share of the public school funds for pupils attending said schools who do not reside in said town; to provide for the taking of a school census of said town; to provide for the election and examination of teachers for said public schools, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, the municipal authorities having recommended the same, That from and after the passage of this Act that the board of aldermen of the town of Bowersville, in the county of Hart, as soon after the passage and adoption of this Act as practicable, shall establish, maintain and support and provide for by local taxation and otherwise in the manner hereinafter provided in this Act, a system of public schools in and for the town of Bowersville, Hart county, Georgia, the territorial limits of said public schools to be co-extensive with the territorial limits of the town of Bowersville, as they now exist or may hereafter exist. Bowersville; public school system.

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Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for the town of Bowersville under the corporate name of the Board of Education of the town of Bowersville, with the right to sue and be sued in its corporate name, which shall consist of four members to be elected by the qualified voters of said town in the same manner as now prescribed in the charter of said town for election of the members of the board of trustees of the Bowersville High School, to-wit: T. R. Chelk, B. M. Holland and Geo. Shirley, shall constitute the board of education of said town, and that their terms of office as such shall expire on the first Monday in December after the ratification of this Act, by the qualified voters of said town, at which time their successors, four in number, shall be elected, all of whom shall serve for a term of two years; and that their successors shall be elected biennially on the first Monday in December thereafter, and that they shall serve until their successors shall have been elected and qualified, and that the qualifications for persons serving on said board of education shall be the same as is now, or may hereafter be required by the charter of said town for the members of the board of aldermen thereof. All vacancies occurring on said board from any cause shall be filled by appointment made by the board of aldermen of said town for the unexpired terms only, and that said vacancies shall be filled at the first regular-meeting of said board of aldermen after said vacancy or vacancies occur. Board of education. Sec. 3. Be it further enacted by the authority aforesaid, That on the day following said election, and biennially thereafter, the members so elected shall take an oath for the faithful performance of the duties of their office, to be administered by the mayor of said town, and shall perfect organization by the election of a chairman and secretary

Page 843

and treasurer of said board, which officers for said board of education are hereby created, and their duties shall be such as may be fixed by said board in its by-laws, rules and regulations, that said board of education shall hold regular monthly meetings at such time as may be fixed in its by-laws, and at such other times as the public interest may require, and that a majority of said board shall constitute a quorum, and no member of said board of education shall be eligible to serve as secretary and treasurer of said board of education, and that the compensation to be paid to said secretary and treasurer shall be fixed by the board of education of said town. Organization of board. Sec. 4. Be it further enacted by the authority aforesaid, That the said board of education shall have and is hereby invested with the power and duty to devise, design, adopt, and establish under this Act a system of public schools for said town, to modify the same as necessity demands, and provide adequate schools for all children of legal school age whose parents, guardians, or natural protectors are bona fide citizens of said town of Bowersville. System to be adopted. Sec. 5. Be it further enacted by the authority aforesaid, That said board of education shall impose upon its secretary the duty of keeping true and accurate minutes of the proceedings of said board which shall at all times be subject to inspection by the mayor and board of aldermen of said town; said board of education shall supervise, regulate and make efficient said school system; shall prescribe the curriculum and the books to be used in said schools; shall provide examinations for the superintendent and teachers for said schools; elect and employ same under such rules and regulations as they may hereafter adopt; shall fix the salaries of said superintendent and teachers

Page 844

and direct payment thereof; shall fix the length of said term of said schools, which shall not be less than five months nor more than ten months, the time of opening and closing; shall have the power to suspend or remove such superintendent and teachers whenever in their discretion such action is to the best interest of said schools and their action in so doing shall be conclusive and final in all cases; they shall have power to make such by-laws and regulations for the government of said board, and for the control of the superintendent, teachers and pupils of said schools as may be deemed fit and proper when the same are not in conflict with the laws of the State, and to do any and all other acts which they may deem best for the promotion of the educational interest of said town not in conflict with State laws. Regulations and duties of board. Sec. 6. Be it further enacted by the authority aforesaid, That the said board of education shall have and is hereby empowered with the authority to prescribe and fixtuition, matriculation, incidental or entrance fees into said schools for all children under and above the legal school age whose parents, guardians or natural protectors reside within or without the limits of the town of Bowersville; shall have the power and authority to fix tuition, matriculation, entrance or incidental fees into said schools for all children of legal school age whose parents, guardians or natural protectors reside beyond the limits of the town of Bowersville; shall have the power and authority to prescribe and establish such matriculation or incidental fees not in conflict with the laws of this State for all other children attending said schools in such amount as the sound discretion of said board of education may dictate, which fee or fees shall be collected by the secretary and treasurer of the board of education of said town at such time or times

Page 845

and in such manner as said board of education may in its by-laws, rules and regulations require, and that all funds so raised shall be placed to the credit of said public school fund in the hands of said officer and to be expended by said board of education in support and maintenance of said public schools as provided in this Act; shall have the authority to make such allowances and exceptions as said board may deem best to those who from poverty are unable to pay the fees which may be required under this Section; provided, however , that no person shall receive the benefits of said public schools who fails or refuses to pay all property taxes or assessments against him or her made by the municipal authorities of said town of Bowersville for which he or she is liable. Fees, tuition, etc. Sec. 7. Be it further enacted by the authority aforesaid, That as soon as practicable after their election and qualifying said board of education may, in its discretion, order taken a census of the school population of the town of Bowersville, which shall be done in like manner as the school census of the State and county is taken, and said board is hereby invested with the authority to appoint enumerators, provide compensation therefor, and do all other acts necessary for this purpose, and that future censuses of said school population of said town shall be taken in conformity with State laws. Said board of education shall report said census to the State School Commissioner, who shall pay each year to the secretary and treasurer of the board of education of the town of Bowersville the pro rata part of the public school population in the same manner and at the same time as is now paid to the board of education of Hart county, or the School Commissioner of said county, and also, that the School Commissioner of the county of Hart shall be and is required and directed to pay the secretary

Page 846

and treasurer of said board of education of said town in the same manner as the teachers in the public schools of said county are paid the pro rata share of the school fund of Hart county, for all children of or within the legal school age who reside in said county, and who are non-residents of said incorporated town, but who attend the public schools of said town of Bowersville; all of said funds to be applied to the support and maintenance of said public schools as provided in this Act. School census. Pro rata part of State School fund. Sec. 8. Be it further enacted by the authority aforesaid, That at the first regular meeting of the board of aldermen of said town in January and June of each year, the board of education shall make a written report to the said board of aldermen which shall contain a full and complete statement of all funds received and disbursed by it or under its order, showing from what source obtained and to whom and for what purpose disbursed, attaching thereto vouchers, and that the report made in June shall contain an estimate of the funds necessary to be raised for the maintenance of said public schools for the ensuing scholastic year, which estimate shall as near as practicable contain an itemized statement of the amounts needed for each and every purpose, and that said reports shall contain such other information and recommendations as the board of education may deem necessary, and that said report shall be published in any newspaper published in the said town of Bowersville. Reports of board. Sec. 9. Be it further enacted by the authority aforesaid, That the board of aldermen of the town of Bowersville be, and the same is, hereby authorized and empowered to levy and collect annually a tax upon all real and personal property subject to municipal taxation within the corporate

Page 847

limits of said town for the purpose of supporting said public schools, and that all law and ordinances now in force or which may hereafter be adopted by said municipal authorities regulating, governing, and controlling the levying, assessing and collecting of the other taxes of said town shall apply to, regulate, govern and control the levying, assessing and collecting of said school tax, and that said funds so raised, together with all tuitions, matriculations, incidental and entrance fees, provided for in this Act, and all funds due and received from the State of Georgia out of the public school funds of said State, shall be set aside by the said board of education and shall constitute what shall be known as the public school fund of the town of Bowersville, which shall be used exclusively for public school purposes, and that all of said moneys shall be paid over to and held by the secretary and treasurer of the board of education of said town, to be paid out by him upon order of the board of education as required under this Act; provided, however , that the tax levies under this Section upon real and personal property shall in no event exceed one-half of one per cent. on all property subject to municipal taxation. School tax. Sec. 10. Be it further enacted by the authority aforesaid, That the public school fund provided for in this Act shall be the exclusive control and direction of the board of education of said town, which shall have and is hereby invested with the power and authority to disburse same for the purpose herein expressed without any order, resolution or ordinance of the board of aldermen of said town. Control of school fund. Sec. 11. Be it further enacted by the authority aforesaid, That all funds provided for and raised under the provisions of this Act shall be held and disbursed by the

Page 848

secretary and treasurer of the board of education of the town of Bowersville, as provided in this Act, and that said board of education shall require that said officer shall keep a true and correct account of same, and that said board of education shall require said officer to give such additional bond as will fully protect all of said funds. Disbursements of school fund. Sec. 12. Be it further enacted by the authority aforesaid, That no bill or charge of any character contracted or made for the maintenance and support of said public schools shall be paid until same shall have been audited, approved and ordered at a regular monthly meeting of said board of education, and when same shall have been audited, approved and ordered paid and signed by the president of said board, same shall be presented to the secretary and treasurer of the board of education of said town, who shall pay same out of the public school fund of said town standing to the credit of said board of education. Claims against school fund to be audited. Sec. 13. Be it further enacted by the authority aforesaid, That the board of education of Hart county shall not establish any other school in said district, nor within one and one-half miles of said school district, nor contract with any person or persons to teach a school of any character within said district nor within one-half mile of said district, nor shall any of the State school funds be paid to any other school in said district than the schools herein provided for. County schools. Sec. 14. Be it further enacted by the authority aforesaid, That the title to all real and personal property now held by the board of trustees of the Bowersville High School shall pass to and vest in said board of education and its successors in office for the use and benefit of the town of Bowersville for public school purposes, and that said board of education is authorized to make and receive titles to all

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property which may be sold or disposed of or acquired by it; provided, however , that no realty now owned by said board or which may hereafter be acquired, shall be sold except by a two-thirds vote of said board of education, and concurred in by a two-thirds vote of the board of aldermen of said town, and that in the event any real or personal property owned or held by said board of education acquired by donation, gift, bequest or purchase shall be sold or disposed of, the proceeds thereof shall be re-invested for the purpose of supporting and maintaining such public schools; provided, further , that said board of education is authorized and empowered to receive and hold, donations, gifts, or bequests of all character, and that said board is vested with authority to make disposition of any personal property held by it which the best interest of said schools may demand. Title to school property. Sec. 15. Be it further enacted by the authority aforesaid, That before the provision of this Act shall become operative, the board of aldermen of said town of Bowersville shall order an election to be held in said town as municipal elections are now held in said town, and returns thereof made to the city board of aldermen, after advertising same for thirty days, in which election all of the qualified voters of said town shall be entitled to vote. Those voting in said election shall have printed on their ballots the words For Public Schools, or the words Against Public Schools. If two-thirds of those voting at such election shall cast their ballots For Public Schools, then the provisions of this Act shall become operative, and the board of aldermen shall so declare and spread their declaration upon their minutes. If public schools should fail to carry in said election the same question may be re-submitted to the qualified voters of said town every three months thereafter

Page 850

upon the application of twenty-five free holders of said town to the board of aldermen of said town, which application shall be spread upon the minutes of said board of aldermen. Election for public schools. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. BREMEN, CITY OF, CHARTER AMENDED. No. 188. An Act to amend an Act entitled An Act to amend an Act to incorporate the city of Bremen. in Haralson county, Georgia, adopted August 22, 1907. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That the sixth (6) word in the sixth (6) line of Section eight of said Act or charter of the city of Bremen be amended by striking the work three and inserting in lieu thereof the word five, so that when said line is amended it will read: Said Board shall consist of five members, etc. Bremen. Board of education. Sec. 2. Be it further enacted by the authority aforesaid, That said two additional members to said Board of education shall be voted for and elected hereafter at the time that the mayor and council of the city of Bremen is elected, every two years. Said two additional members

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elected to said board of education shall hold office for the term of two years. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. BRONWOOD, CHARTER AMENDED. No. 138. An Act to amend the charter of the town of Bronwood by authorizing the construction of a system of waterworks by and in said town and the issue of its bonds to provide payment therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the charter of the town of Bronwood in the county of Terrell, being the Act of the General Assembly of the State of Georgia, entitled An Act to incorporate what is at present known as Brown's Station as the town of Bronwood, to incorporate said town of Bronwood, in the county of Terrell, to fix the corporate limits thereof, and for other purposes, approved September 24, 1883, as amended, be and is hereby further amended by the addition thereto of the following provisions, to wit: (a) The mayor and council of said town are hereby authorized and empowered to construct, equip and maintain a system of waterworks in said town, and to that end shall have full power to acquire

Page 852

on behalf of said town by gift, purchase and condemnation proceeding where requisite, all lands, easements and water rights appropriate and necessary to the due establishment of such system, as and when the requisite means for payment therefor shall be obtained by said town. (b) In order to provide funds to be applied to payment for the system of waterworks so authorized, said mayor and council are hereby authorized and empowered to incur a debt on behalf of said town to be evidenced by its bonds in amount of aggregate principal not to exceed the sum of ten thousand dollars, the details of such bonds as to date, maturity and rate of interest and the like to be fixed by said mayor and council. Provided , the assent to issue of such bonds by said town of at least two-thirds of the qualified voters of said town shall be first duly had at an election which may be called for that purpose by said mayor and council according to law. In case the result of such election shall be in favor of the issue of such bonds, the same shall be duly validated according to law, and may then be issued by said mayor and council, but at not less than par; and the proceeds thereof shall be applied exclusively to the purpose of constructing and equipping said system of waterworks. In case said election shall result adversely to said issue of bonds, another election with like purpose may be called by said mayor and council after the expiration of six months thereafter. (c) In case of the issue of such bonds, the mayor and council of said town are hereby authorized and directed to annually assess, levy and collect taxes on all the taxable property within said town sufficient in amount to pay the interest on said bonds as it shall accrue, and also sufficient to provide annual payments which shall be made into a sinking fund which shall be created and maintained according to law in amounts requisite

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to provide for payment of the principal of said bonds at maturity; and the funds so raised shall not be applied to any other purpose whatever. Bronwood, town of. Waterworks. Bonds for waterworks. Tax to pay bonds. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 19, 1911. BROOKLET, TOWN OF, CHARTER AMENDED. No. 50. An Act to amend the charter of the town of Brooklet, so as to empower and authorize the mayor and council of said town of Brooklet to order an election, or elections, to be held in said town to determine whether bonds shall be issued by the said town, in a sum of not exceeding seven thousand dollars, for the purpose of purchasing a site and erecting a school building or paying for the school building now erected in said town; and to authorize the issuing of said bonds by said town; and to authorize the mayor and council of said town to fix the time and terms of payment of the principal of said bonds and the interest thereon; and to authorize the assessing, levying and collecting of a tax on all property, real and personal, in in said town, for the purpose of paying the interest on said bonds, as well as the principal thereof, and to provide a sinking fund for this purpose; and to further amend the charter of said town by authorizing and empowering

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the mayor and council thereof to exercise the right of eminent domain for the purpose of acquiring streets and alleys and other property for public improvements; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act incorporating the town of Brooklet, approved August 21st, 1906, be, and the same is, hereby amended as follows: That the mayor and council of the said town of Brooklet be, and they are, hereby authorized to issue and sell bonds of the town of Brooklet, to the amount of seven thousand dollars ($7,000.00), in denominations of $100 to $500, to become due and payable at such time or times, not exceeding twenty years, after date of issue thereof, as said mayor and council of the town of Brooklet may determine; said bonds to bear not exceeding six per cent. interest per annum, payable annually, and such bonds are to be issued and sold for the purpose hereinafter specified and authorized, and authority for which is hereby expressly granted. Brooklet, town of. Municipal bonds. Sec. 2. Be it further enacted by the authority aforesaid, That the net proceeds of the aforesaid $7,000 bond issue, when sold, shall be appropriated and used by the mayor and city council of said town of Brooklet for purchasing and paying for the site and the new school building thereon now erected or in course of erection in said town, and for acquiring in the name of said town the title to said school property, and for completing the erection of said building and for equipping same for school or educational purposes. School house. Sec. 3. Be it further enacted, by the authority aforesaid, That upon the passage of this Act, and before it shall

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become effective and operative, the mayor and council of the town of Brooklet shall order an election or elections to be held in said municipality to determine the question whether said bonds shall be issued by said town, and shall otherwise comply in all respects with the general law of this State as embodied in Sections 440, 441, 442 and 443 of the Code of 1910; and if said bond issue as herein provided for is ratified in accordance with the general law aforesaid, then it shall be the duty of the mayor and council of said town of Brooklet to institute proceedings for the validation of said bonds in accordance with the general law of this State as embodied in Sections 445-451, inclusive, of the Georgia Code of 1910, and shall otherwise comply in all respects with said general law relating to validation of bonds; and if said bond issue shall be ratified, then it shall be the duty of the mayor and council of the town of Brooklet, after the validation of said bonds, to sell the issue and appropriate the proceeds of said bonds as provided by this Act. No other proceedings of any kind than as herein provided shall be necessary to the complete ratification and validation of said bonds. Election to authorize issuance of bonds. Sec. 4. Be it further enacted by the authority aforesaid, That, for the purpose of raising revenue to pay the interest on said bonds and to pay the principal thereof and to set apart annually a sinking fund to be used for payment of the principal of said bonds, the mayor and council of the town of Brooklet shall have the power and full authority to assess, levy and collect an annual ad valorem tax on all property, real and personal, in said town of Brooklet, said tax to be in addition to that which said officials are by the charter of said town now authorized to assess, levy and collect, and to be limited to such amount or per cent. as

Page 856

shall be actually required for the purposes above stated; the authority of said mayor and council with respect to the return, assessment, levy and collection of said tax to be the same as now prescribed in the charter of said town. Tax to pay bonds. Sec. 5. Be it further enacted by the authority aforesaid, That said Act of incorporation of said town of Brooklet be, and same is, hereby further amended as follows: That the mayor and council of the said town of Brooklet shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading, or in any way changing, the street lines and sidewalks of said town, and when the mayor and council of said town shall desire to exercise the power and authority granted in this Section, it may be done in the manner prescribed in Sections 5206 to 5233, inclusive, of the Code of 1910. Condemnation for streets. Sec. 6. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 235. An Act to amend an Act entitled An Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, approved August 27, 1872, and the several Acts amendatory thereof, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Brunswick be amended by giving to the mayor and council of said city authority to sell, convey and dispose of all right, title, equity, estate, interest, remainder and revision of said mayor and council in and to all that property in the corporate limits of said city known as the town commons, upon such terms and for such consideration as the said mayor and council may deem expedient, as herein set out. Brunswick, city of: Sale of town commons. Sec. 2. Be it further enacted by the authority aforesaid, That said mayor and council shall have full right and authority to expend and appropriate all moneys received from such sale or disposition of said town commons for any purposes or object for which said municipality has lawful right or authority to expend and appropriate money. Proceeds of sale. Sec. 3. Be it further enacted by the authority aforesaid, That in making such sale and conveyance of said town commons, said mayor and council shall have authority to cancel and nullify any existing lease contract to any or all portions of said town commons in all instances where such sales and conveyances are made to the holder of said leases. To the holder of such lease the city shall exact and collect for such fee simple title, the following amounts, and not less, on leases expiring within fifteen years from July 1, 1911, the sum of fifteen per cent.; leases expiring from over fifteen and thirty years, ten per cent.; leases expiring from over thirty to sixty-five years two per cent.; and leases expiring from over sixty-five to ninety-five years, one and one-half per cent., said percentage to be based upon the city assessment of the value of said real estate for the year 1911;

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the expense of making said deeds shall be borne by the mayor and council; provided the holders of said leases shall avail themselves of the right to purchase said fee by the first day of January, 1913; after the said first day of January, 1913, then said mayor and council shall have the right to sell and convey said town commons lots, either to the holder of said leases, or the fee in revision, at public outcry, to the highest bidder for cash, subject to the right to reject any and all bids at such public sales, upon such terms and conditions as said mayor and council shall by ordinances from time to time provide. Cancellation of leases to town commons. Sec. 4. Be it further enacted by the authority aforesaid, That said mayor and council shall have full authority, and it shall be the duty of said mayor and council, beginning with the year 1912, to levy and collect a tax of not less than one tenth of one per centum and not more than three-tenths of one per centum annually the amount of said tax levy as herein limited, shall be fixed by a majority of the city members of the board of education of Glynn county, on all of the taxable property within said city for the support of the public schools of said city. Said taxes shall be levied and the collection thereof enforced in the same manner as is provided for the levy and collection of taxes generally by said mayor and council. All monies arising from the levy of such tax shall be paid over by said mayor and council to the board of education of Glynn county, Georgia, to be by said board used in the support of the public schools of said city. It shall be the duty of the treasurer of said mayor and council to keep a separate account of all moneys raised from such tax levy, and said treasurer shall pay over said sums within at least sixty days to the treasurer of said board of education. School tax.

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It shall be unlawful for said council to appropriate or use any monies so derived for any other purpose or subject. This provision is made in lieu of the existing provision of the charter of said city requiring and directing said mayor and council to pay over to said board of education for the support of said schools, all sums and moneys derived or received from said town commons, or the improvements thereon, either in the form of rents, lease money, or in the form of taxes. Sec. 5. Be it further enacted by the authority aforesaid, That all the provisions of sections one (1), two (2), three (3), and four (4) of this Act shall be null and void and of no effect, unless the same be ratified by a two-thirds vote of those voting in the regular city election for mayor and aldermen, or mayor or aldermen, to be held on the second Tuesday in December, 1911; and there shall be printed on said ballots at said city election For the provisions of Sections one, two, three and four of the Act of 1911, approved the..... day of....., 1911, including the levy of the special tax therein indicated; and Against the provisions of Sections one, two, three and four of the Act of 1911, approved..... day of....., 1911, including the levy of the special tax therein indicated. Be it further enacted, That should the courts decide and declare that the election held under the provisions of this Section was illegal or void on account of the manner of holding said election, or any technical defect or omission connected with the holding of said election, then at the next general election for mayor and aldermen, to be held in said city another election shall be held under the provisions of this Section. Election to ratify this Act.

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Sec. 6. Be it further enacted by the authority aforesaid, That should Sections one, two, three, four, and five of this Act become operative and legal under the terms of the election provided for in Section five, then and in that event, the payment to the board of education by said city of moneys derived from the taxes upon the property, and under the terms of that certain Act approved August 20, 1906, and appearing on page 570 et seq. , of the Acts of 1906, entitled An Act to amend an Act entitled `An Act to consolidate and amend the several Acts incorporating the city of Brunswick,' etc., shall cease as long as said city shall comply with the provisions of Section four (4) of this Act. Application of school tax money. Sec. 7. Be it further enacted by the authority aforesaid, That beginning with the year 1912 assessments of the property of the city of Brunswick, both real and personal, including the improvements of land, shall be made annually; that the board of equalizers now provided by law, shall annually examine the assessor's valuation of all property, that said board of equalizers shall sit for not more than twenty days after finishing said sittings within which to make up its findings and report to the mayor and council of the city of Brunswick; that said board of assessors shall annually pass on the valuation of all property, both real and personal; that so much of Section one (1) of the Act of the General Assembly entitled An Act to amend an Act entitled `An Act to consolidate and amend the several Acts incorporating the city of Brunswick,' etc., approved August 22, 1905, and appearing on page 680 et seq. , of the Acts of 1905, as is in conflict with the provisions of this Section be, and the same are, hereby repealed. Annual assessments. Sec. 8. Be it, and it is hereby, enacted by the authority aforesaid, That all of Section seven (7) of an Act amending

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the charter of the City of Brunswick approved August 22, 1905, and appearing on page 684; and all of Sections one (1) and two (2) of an Act amending the charter of the city of Brunswick approved November 28, 1900, and appearing on pages 240 and 241 of the Acts and Resolutions of the General Assembly be repealed; and in lieu thereof the following: immediately after the passage of this Act the mayor and the police committee of said city shall name and appoint the officers and privates of the police force of said city to serve until the following provisions of this Section shall become operative, at the compensation now fixed for such members of the police force, and subject to the regulations hereinafter set out; that beginning with the year 1912 the mayor shall annually appoint a police committee consisting of three members, and the mayor and said committee shall have complete control of the police force of said city, shall name and appoint said members of said police force, shall prescribe such rules and regulations for said force as may be necessary, shall have authority to suspend or dismiss said members of the police force with or without cause, and shall have complete and exclusive jurisdiction of said policemen, save and except that the compensation of policemen shall be annually fixed by the mayor and aldermen; but nothing herein contained shall repeal or alter the present provisions of the charter of said city wherein it is provided that the mayor and aldermen of said city shall, at their first regular meeting in January of each year elect a marshal and deputy marshal, who shall hold office for one year or until their successors are elected and qualified; such marshal shall be chief of police of said city and such deputy marshal shall be ex-officio assistant chief of police of said city. Police force.

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Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 19, 1911. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 263. An Act to amend an Act entitled An Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, approved August 27th, 1872, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Brunswick be amended by giving to the mayor and council of said city authority to sell, convey and dispose of all right, title, equity, estate, interest, remainder and reversion of said mayor and council in and to all that property in the corporate limits of said city known as the Town Commons, upon such terms and for such consideration as the said mayor and council may deem expedient, as herein set out. Brunswick, city of: Sale of town commons Sec. 2. Be it further enacted by the authority aforesaid, That said mayor and council shall have full right and authority to expend and appropriate all monies received from such sale or disposition of said Town Commons for any purposes or object for which said municipality has lawful right or authority to expend and appropriate money. Proceeds of sale.

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Sec. 3. Be it further enacted by the authority aforesaid, That in making such sale and conveyance of the said Town Commons, said mayor and council shall have authority to cancel and nullify any existing lease, contract to any or all portions of said Town Commons in all instances when such sales and conveyances are made to the holder of said leases. To the holder of such lease the city shall exact and collect for such fee simple title, the following amount, and not less, on leases expiring within fifteen years from July 1st, 1911, the sum of fifteen per cent.; leases expiring from over fifteen to thirty years, ten per cent.; leases expiring from over thirty to sixty-five years, two per cent., and leases expiring from over sixty-five to ninety-nine years, one and one-half per cent. Said percentage to be based upon the city assessment of the value of said real estate for the year 1911; the expense of making said deeds shall be borne by the mayor and council; provided , the holders of said leases shall avail themselves of the right to purchase said fee by the first day of January, 1913; after the said first day of January, 1913, then said mayor and council shall have the right to sell and convey said Town Commons lots, either to the holder of said leases, or the fee in reversion, at public outcry to the highest bidder for cash, subject to the right to reject any and all bids at such public sales, upon terms and conditions as said mayor and council shall by ordinance from time to time provide. Cancellation of leases to town commons. Sec. 4. Be it further enacted by the authority aforesaid, That mayor and council shall have full authority, and it shall be the duty of said mayor and council, beginning with the year 1912, to levy and collect a tax of not less than one-tenth of one per centum and not more than three-tenths of one per centum annually, the amount of said tax levy as herein limited, shall be fixed by a majority of the city

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members of the board of education of Glynn county, on all the taxable property within said city for the support of the public schools of said city. Said taxes shall be levied and the collection thereof enforced in the same manner as is provided for the levy and collection of taxes generally by said mayor and council. All monies arising from the levy of such tax shall be paid over by said mayor and council to the board of education of Glynn county, Georgia, to be by said board used in the support of the public schools of said city. It shall be the duty of the treasurer of said mayor and council to keep a separate account of all moneys raised from such tax levy, and said treasurer shall pay over said sums within at least sixty days to the treasurer of said board of education. It shall be unlawful for said mayor and council to appropriate or use any monies so derived for any other purpose or object. This provision is made in lieu of the existing provision of the charter of said city requiring and directing said mayor and council to pay over to said board of education for the support of said schools, all sums and monies derived or received from said Town Commons, or the improvements thereon, either in the form of rents, lease money or in the form of taxes. School tax. Sec. 5. Be it further enacted by the authority aforesaid, That all of the provisions of Sections one (1), two (2), three (3) and four (4) of this Act shall be null and void and of no effect, unless the same shall be ratified by a two-thirds vote of those voting in the regular city election for mayor and aldermen, or mayor or alderman, to be held on the second Tuesday in December, 1911; and there shall be printed on said ballots at said city election For the provisions of Sections one (1), two (2), three (3) and four (4) of the Act of 1911, approved the..... day of....., 1911, including the levy of the special tax therein indicated; and

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Against the provisions of Sections one (1), two (2), three 3) and four (4) of the Act of 1911, approved..... day of....., 1911, including the levy of the special tax therein indicated. Be it further enacted, That should the courts decide and declare that the election held under the provisions of this Section was illegal or void, on account of the manner of holding said election, or any technical defect or omission connected with the holding of said election, then at the next general election for mayor and alderman, or mayor or alderman, to be held in said city, another election shall be held under the provisions of this Section. Sec. 6. Be it further enacted by the authority aforesaid, That should Sections one (1), two (2), three (3), four (4) and five (5) of this Act become operative and legal under the terms of the election provided for in Section five (5), then and in that event, the payment to the board of education by said city of the moneys derived from the taxes upon the property, and under the terms of that certain Act approved August 20th, 1906, and appearing on page 570 et. seq. of the Acts of 1906, entitled An Act to amend an Act entitled `An Act to consolidate and amend the several Acts incorporating the city of Brunswick, etc.,' shall cease as long as said city shall comply with the provisions of Section four (4) of this Act. Application of school tax money. Sec. 7. Be it further enacted by the authority aforesaid, That beginning with the year 1912, assessment of the property of the city of Brunswick, both real and personal, including the improvements on land, shall be made annually; that the board of equalizers now provided by law, shall annually examine the assessors' valuation of all property;

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that said board of equalizers shall sit for not more than twenty days, but shall be allowed twenty days after finishing said sittings within which to make up its findings and report to the mayor and council of the city of Brunswick; that said board of assessors shall annually pass on the valuation of all property, both real and personal; that so much of Section one (1) of the Act of the General Assembly entitled An Act to amend an Act entitled `An Act to consolidate and amend the several Acts incorporating the city of Brunswick,' etc., approved August 22nd, 1905, and appearing on page 680 et. seq. of the Acts of 1905, as is in conflict with the provisions of this Section be, and the same are, hereby repealed. Annual assessments. Sec. 8. Be it and it is hereby enacted by the authority aforesaid, That all of Section seven (7) of an Act amending the charter of the city of Brunswick, approved August 22nd, 1905, and appearing on page 684 and all of Section one (1) and two (2) of an Act amending the charter of the city of Brunswick, approved November 28, 1900, and appearing on pages 240 and 241 of the Acts and resolutions of the General Assembly, be repealed; and in lieu thereof the following: Immediately after the passage of this Act the mayor and the police committee of said city shall name and appoint the officers and privates of the police force of said city to serve until the following provisions of this Section shall have become operative, at the compensation now fixed for such members of the police force, and subject to the regulations hereinafter set out; that beginning with the year 1912 the mayor shall annually appoint a police committee consisting of three members and the mayor and said committee shall have complete control of the police force of said city; shall name and appoint said members of said police force, shall prescribe such rules and regulations for

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said force as may be necessary, shall have authority to suspend or dismiss said members of the police force with or without cause, and shall have complete and exclusive jurisdiction of said policemen, save and except that the compensation of policemen shall be annually fixed by the mayor and aldermen; but nothing herein contained shall repeal or alter the present provisions of the charter of said city wherein it is provided that the mayor and aldermen of said city shall, at their first regular meeting in January of each year, elect a marshal, who shall hold office for one year or until their successors are elected and qualified; such marshal shall be chief of police of said city and such deputy marshal shall be ex-officio assistant chief of police of said city. Police force. Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 19, 1911. Note by Compiler.The foregoing Act is a copy of the preceding Act No. 235. Both were approved by the Governor August 19, 1911. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 194. An Act to amend the charter of the city of Brunswick, so as to authorize the mayor and council of said city to convey unto the Southern Naval Stores Construction Company all of the right, title, equity, estate, interest, remainder and revision of said mayor and council in and to certain portions of that part of said city known as

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Town Commons, at and for the consideration of two hundred and fifty dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the mayor and council of the city of Brunswick, Georgia, be and the same is, hereby authorized and empowered to convey in fee simple, to the Southern Naval Stores Construction Company all the right, title, equity, estate, interest, remainder and reversion of said city of Brunswick in and to all that certain land comprising a part of the town commons of said city and particularly described as follows, to-say: Beginning at a point on the southern line of N street where same would be intersected by the eastern line of DuBignon street if projected southerly across N street, a distance of approximately one hundred and fifty (150) feet to the northern line of that tract or subdivision of said city known as the Mayhew tract, and which Northern line of said Mayhew Tract is also the town commons line, thence running easterly, along said boundary line of the Mayhew tract to a stone post which is the north-western corner of said Mayhew tract, thence running southerly, along the eastern boundary line of said Mayhew tract, and which is also the town commons line, a distance of seven hundred (700) feet to the northern line of L street; thence running easterly, along the northern line of L street to a point which would be the place of intersection of the eastern line of Cleveland street and said line of L street, if Cleveland street should be projected across said L street; thence running southerly, at right angles with said line of L street, a distance of approximately four hundred and fifty (450) feet to the western line of the Boulevard or shell road; thence running northerly, along the western line of the Boulevard or shell road, a distance of approximately

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four hundred and fifty (450) feet to a stone post; and thence running east, one and seven-twelfth (1 7/12) degrees south, a distance of approximately four hundred and twenty-five (425) feet to the low water mark on the western bank of that certain creek known as Dupree's creek; and thence northerly, along said creek and along low water line on the western shore, to a point which would be intersected by the projection of the northern boundary line of said town commons; thence running westerly from the west shore of said creek, along the Northern boundary line of said town commons, to a point where the southern line of N street intersects with said town commons line; thence running westerly along the southern line of N street, a distance of approximately seventeen hundred and eighty (1780) feet to the initial point. The consideration of such conveyance shall be two hundred and fifty dollars ($250.00) and said mayor and council is hereby granted the right to make, execute and deliver such deed or other writing as may be necessary to vest said property in said Southern Naval Stores Construction Company. Brunswick, city of; authority to convey certain part of town commons to the Southern Naval Stores Construction Co. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Approved August 19, 1911. BUFORD, CITY OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 95. An Act to establish a system of public schools in the City of Buford, Georgia; to provide for the carrying on, management,

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maintenance, control and support of the same; to provide for a board of education and other officers of said school system and prescribe their powers and duties, and for other purposes; after submitting the same to the qualified voters of the city of Buford and the same is ratified by a two-thirds vote thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That from and after the passage of this Act, there may be established in the City of Buford, in this State, a system of public schools, to be established, conducted, maintained, supported and controlled in the manner provided in this Act. Buford, city of: Public school system. Sec. 2. Be it further enacted that after the ratification of this Act, as herein after provided, the mayor and council of the said city of Buford, shall elect four members of the board of education of said public school system, who shall hold office until the first meeting of said mayor and council in the succeeding calendar year. At said first regular meeting the said mayor and council shall elect two members of said board whose term of office shall be for one year, and two members of said board whose term of office shall be for two years, and until their successors are elected and qualified, and in like manner the said mayor and council shall annually thereafter elect two members of said board to fill the vacancies occurring by the expiration of terms. All vacancies otherwise occurring in said board shall be filled immediately by said mayor and council and such members shall hold for the balance of the unexpired term. In addition to the four members of said board so elected the mayor of the city of Buford shall be ex-officio chairman of the board of education and he, with the other

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four members elected by the mayor and council, shall constitute the board of education of the city of Buford, with the right in them and their successors to take and hold in trust for the said city of Buford any grant or devise of land or donation or bequest of money or other property made to it for educational purposes with the right to sue and be sued in said name. The qualification for members of said board of education shall be the same as prescribed in the charter for mayor and councilmen of said city. Board of education, election, etc. Sec. 3. Be it further enacted that before the entering upon the discharge of the duties of said office each member of said board shall take and subscribe the following oath: I, (A. B.) do solemnly swear that I will faithfully discharge the duties devolving upon me as a member of the board of education of the City of Buford, to the best of my skill and ability, and in accordance with what shall to me appear for the best interest of the community and the cause of education, and without fear, favor, affection, reward or the hope thereof, so help me God. A majority of said board shall constitute a quorum for the transaction of business. Oath of board members. Sec. 4. Be it further enacted that the mayor, being ex-officio chairman of said board, shall, at the first meeting after the election of new members as herein provided, cause said board to be organized for the ensuing year by electing a chairman pro tempore to act in the absence or disqualification of the chairman, and also by electing some competent person as secretary and treasurer, each of said officers to be elected by acclamation of said board the former to be an officer of said board, but the secretary and treasurer may be some citizen of said town who is an earnest advocate of public schools and in the opinion of the board otherwise

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qualified to perform the duties of the office. The members of said board of education shall receive no compensation for their services as such. Organization of board. Sec. 5. Be it further enacted that it shall be the duty of the secretary and treasurer to keep a record of all the official acts and doings of the board of education, which record shall at all times be kept open to inspection of any tax payers of the said city of Buford. He shall also give bond in sufficient amount, with good security, to be judged of by the board payable to the Board of Education of the city of Buford for the faithful discharge of his duties, and the safe keeping and proper disbursement of all money which may come into his care by reason of his said trust. He shall receive all public school money from the proper authorities, receive and receipt for all incidental fees, and all other moneys he may be entitled to receive, and keep a record of all moneys so received and paid out by him and take proper vouchers for all disbursements, but shall pay out no funds except by order of the board entered upon the minutes. He shall receive such compensation for his services as may be fixed by said board which said board are hereby authorized to contract for and pay out of the public school funds. Duties of secretary and treasurer. Sec. 6. Be it further enacted that said board of education shall elect a Superintendent and teachers and other officers for the public school of Buford, fix their salaries, contract with them as such and pay the same out of the moneys coming into their hands; and shall have the right and authority to suspend or remove said superintendent or teacher whenever in their discretion they deem it best to do so, and shall suspend or expel any pupil from attendance, when in the opinion of a majority of the board it shall be for the

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best interest of the school, and their action in so doing shall be final and conclusive. Said board shall also be empowered and it shall be their duty to borrow money for the support and maintenance of said school, when necessary, and repay the same with legal interest from the funds coming into their hands, and they shall at all times supervise, regulate and make efficient said school system, fix the length of the term and the time opening and closing of the same, prescribe the curriculum, text books and books of reference to be used therein and shall do any and all such other acts, not inconsistent with the laws of this State, as may promote the system of education under their charge. Powers of board. Sec. 7. Be it further enacted that said board of education shall annually make to the mayor and council of said city a written report of all moneys received and disbursed by them and shall accompany said report with a full itemized statement, accompanied with vouchers for all money disbursed, and the same shall be published by the mayor and council and paid for out of the city treasury at the legal rate. Reports of board. Sec. 8. Be it further enacted, That it shall be the duty of the board of education to establish such grammar schools and high schools as may be necessary for the education of the children attending said schools, and the tuition in the same shall be free to all children within the school age, residing within the city of Buford, provided, however, said board may, in its discretion, require each pupil entering any of said schools to pay a reasonable matriculation fee to be paid upon entrance or in such installments as the board may direct. Upon failure of any pupil to pay the matriculation fee, or any installment thereof, when so required by the board of education, such pupil shall not be

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allowed to enter, and if it be an installment required after entrance, the pupil shall not be allowed to continue at school after the installment is due, without first having paid it. Children of non-residents may be admitted to such school upon such terms as may be prescribed by the board. Tuition, fees, etc Sec. 9. Be it further enacted that it shall be lawful for the County School Commissioner of Gwinnett county or other counties of this State to make contract with the board of education of said city to teach pupils of school age residing in their respective counties and outside the corporate limits of the city of Buford, and to pay said board out of that portion of the common school fund of the state belonging to their respective counties, in like manner and under the same provisions as teachers in the common schools of their respective counties are paid; provided however , that in case the rate of tuition for non-resident children, as fixed by said board, is higher than the public school rate, authorized to be paid by the County School Commissioner, then said board of education shall have the right to charge, contract with, and collect said diference from the parent or guardian of said non-resident pupils. Non-resident pupils. Sec. 10. Be it further enacted, That the board of education of the city of Buford, shall prepare and take a census, annually after the passage and ratification of this Act, of all the children residing in said city of Buford, who are, under the law, entitled to participate in the state public school fund, and furnish a report of the result of said census to the State School Commission on or before the first day of September of each year. School census. Sec. 11. Be it further enacted that from receipt of the foregoing report of the result of said census the State

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School Commissioner shall apportion said city of Buford its pro rata share of the State school fund based upon the result of said annual census, and pay over such pro rata share of the State school fund to the secretary and treasurer of the Board of Education of the city of Buford. Pro rata part of State school fund. Sec. 12. Be it further enacted that the State school fund shall be supplemented by an advalorum tax levied by the mayor and council of the city of Buford, as follows: The board of education shall by the first of September of each year make an estimate of the amount necessary to be raised that year for the additional support of public schools in said city and place this estimate before the mayor and council of said city, and when the same is approved by said mayor and council, it shall be their duty when making the annual tax levy for the current expenses of said city to levy a school tax along with the other city taxes upon all taxable property within the corporate limits of the city of Buford and the said mayor and council are hereby authorized to levy said school tax and collect, or have the same collected by the city officers, along with the other advalorum taxes of said city in the same manner as other city taxes are levied and collected; provided however , that said said mayor and council shall have no authority to levy and collect more than three fourths of one per cent. of the value of all taxable property within said city for school purposes. School tax. Sec. 13. Be it further enacted that provisions shall be made by the board of education for the education of both white and colored children within said city, but that separate schools shall be provided for separate races. White and colored schools. Sec. 14. Be it further enacted that before this Act shall become operative, it shall be submitted to the qualified

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voters of the city of Buford, for which purpose the mayor and council thereof shall order an election, of which thirty days notice shall be given in any paper published in said city or in Gwinnett county, which said election shall be held under the same rules and regulations as are required for Mayor and council of said city and the qualification for voters shall be the same. Those voting in said election in favor of public schools shall have written or printed on their ballot For public schools, and those opposed shall have written or printed on their ballots. Against public schools. The managers of said election shall make return to the mayor and council of said city, who, at the first regular meeting thereafter shall open said returns and declare the result of said election, and if two thirds of those voting in said election shall vote for public schools, then this act shall take effect immediately, otherwise, not. Should this act fail of adoption, however , as said first election or any subsequent election held for this purpose, the mayor and council may, in their discretion, submit the same to another election under the same rules and regulations as are herein prescribed for the first election, after the lapse of one year from any election when the same shall have been previously defeated, and if as any subsequent election the same should be adopted by the two thirds vote it shall then become effective. Election for public schools. Sec. 15. Be it further enacted that after the adoption of this act at said election aforesaid, the Buford local school district, of which the city of Buford is a part, shall be abolished, and the trustees of said school district shall have no power to manage or control any school in the city of Buford, or to levy or collect any school tax upon any property within the corporate limits of said city. Buford school district abolished.

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Sec. 16. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 17, 1911. BULLOCHVILLE, CHARTER AMENDED. No. 199. An Act to amend an Act entitled An Act to incorporate the town of Bullochville, to define the corporate limits thereof to provide a municipal government for said town and to confer certain corporate powers and privileges on the same, and for other purposes, approved December 20, 1893, by enlarging the corporate limits of said town and to enlarge the powers of the mayor and council in the punishment of offenders, and to confer certain police powers over territories additional to the city limits, and for other purposes. Section 1. Be is enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the incorporate limits of the town of Bullochville, Meriwether county, Georgia, be enlarged and extended over certain territory not heretofore included in said corporate limits, to-wit: Beginning at the northwest corner of the present corporate limits of said town of Bullochville and running west along the line of lot of land No. 137 in the second district of Meriwether county, Georgia, a distance of 350 feet, thence south to the southeast corner of town lot No. 221 of Warm Springs Survey, thence southeast along the west side of Bay Street crossing main

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public road leading from Bullochville to Warm Springs, Ga., to the northwest corner of town lot No. 147, thence along the line between lots Nos. 147 and 146 to the northwest corner of town lot No. 152, thence east to the eastern boundary of lot of land No. 137 of county survey. Bullochville, town of; corporate limits. Sec. 2. Be it further enacted, That Section 2, of said Act incorporating the town of Bullochville, Acts of the Legislature 1893, Page 194, be and the same is hereby amended by striking the word thirty in the last line of said Section and inserting in lieu thereof the word ninety. Sec. 3. Be it further enacted, by the authority, aforesaid, That in addition to the territory embraced in the corporate limits of said town as set forth in the original charter and the territory embraced in Section 1 of this Act, all the lands and territory outside of said corporate line as follows: Beginning at the northwest corner of the city limits of said town as included in territories described in Section 1, of this Act, running west twenty chains along land lot No. 137 in the second district of Meriwether county then due south 20 chains, then east to the original east line of said land lot No. 137, over which the municipal government of the town of Bullochville, through its proper officers shall have and exercise a limited power and authority only, as follows: All laws and ordinances in force in the town of Bullochville in reference to crimes or misdemeanors against the persons or citizens or individuals, against the habitations of persons, relative to property, against the public peace and tranquility thereof against public morality and health and offenses committed by cheats and swindles, and offenses against public trade, against fraudulent or malicious mischiefs and such other offences as may be prohibited by the ordinances of said town, shall be in force within the

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territory comprising said additional police district, in the same manner and to the same extent as they are in force within the corporate limits of said town, and for the purpose of preventing the commission of any and all of said officers, and suppressing the same, and in order to apprehend violators of said laws, police jurisdiction is hereby expressly given to the mayor and council of the town of Bullockville over the said entire territory embraced in said police district and to this end they shall have the power to enforce said laws and ordinances by the marshal and special police of said town as they may deem proper and necessary to the full protection of said town. For the purposes set out in this Section only shall such police district be deemed or held to be a part of the town of Bullochville. Extension of police jurisdiction. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed, Approved August 19, 1911. BYROMVILLE, TOWN OF, CHARTER AMENDED. No. 57. An Act to amend an Act, amending the charter of the town of Byromville, Dooly county, Georgia, to authorize the mayor and council of said town of Byromville to issue bonds for the purpose of completing and enlarging the school building of said town of Byromville, $1,600, and for the purpose of improving the streets of said Byromville $1400 and for the purpose of building, improving and extending a system of water works $4,000 and for

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the purpose of building, equipping and extending a system of sewers in said town of Byromville $3,000. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act amending the charter of the town of Byromville, approved August 17th, 1908, page 523 of the Acts of 1908, number 509, be, and the same is hereby amended as follows: in addition to the bond issue authorized in said amending Act of an issue of bonds on the amount of $5,000, for the purpose of building and equipping a public school building in the said town of Byromville and $7,500 for the purpose of building and equipping an electric plant, that said mayor and council of the town of Byromville be, and they are hereby authorized to issue bonds as follows: $1600 for the purpose of enlarging and completing the school building in said town of Byromville said bonds to be of such denomination and to become due and payable at such time or times, not exceeding thirty years after the date of the issue thereof as said mayor and council may determine; said bonds to bear interest not exceeding the rate of 6 per cent per annum, and not to be sold at less than par, and to be issued and sold for the purpose of enlarging and completing said public school building in said town of Byromville and for no other purpose. And $1,400 for the purpose of improving the streets of said town of Byromville under the same conditions as applied to the issue of $1,600, mentioned in the preceding paragraph, and the sum of $4,000 for the purpose of building, improving and extending a system of waterworks in said town of Byromville, under the same conditions and stipulations as set forth in the $1,600 issue hereinbefore mentioned. Byromville, town of: Municipal bonds.

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Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Byromville, be, and they are hereby, authorized and empowered, to levy, assess and collect a sufficient tax upon and for the taxable property in said town of Byromville to pay the principal and interest of said bonds as they shall become due. Tax to pay bonds. Sec. 3. Be it further enacted by the authority aforesaid, That upon the passage of this act and before it shall become effective and operative, the mayor and council of the town of Byromville shall comply in all respects with the general laws of this state as embodied in Section 440, 441, 442 and 443, of the Code of Georgia adopted August 15th, 1910, and if said issue herein authorized is ratified by a two-thirds vote of the qualified and registered voters of the town of Byromville, as provided in Section 5 of an Act incorporating said town, approved August 19th, 1905, then it shall be the duty of the mayor and city council of the town of Byromville to issue, sell and appropriate the proceeds of said bonds in accordance with the provisions and stipulations contained in this act. Election to ratify this Act. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9th, 1911. CAIRO, CHARTER AMENDED. No. 154. An Act to amend the charter and laws of the city of Cairo, Georgia; to authorize the mayor and council to construct,

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pave or otherwise improve or repair the streets, side-walks or highways of said city, and to assess and collect the cost thereof out of the abutting real estate; to authorize said mayor and council to make and collect assessments against and out of the lots of said city for sanitary purposes; to fix the rank and date of liens for taxes, assessments and other indebtedness due said city and to provide for the issuing of executions therefor; to prescribe the power of the mayor and council over markets in said city, their location and governance; to authorize the mayor and council to grant the use of the streets to railroad or other public service companies or enterprises, on such terms and for such periods of time as they may deem proper; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Cairo, in the county of Grady, shall have full power and authority, in their discretion, to open any new street, lane or avenue in said city, to construct any new sidewalk in said city, to grade, pave, macadamize, or otherwise improve or repair any street, lane or avenue in said city or any part thereof now or hereafter established, and to grade, pave, macadamize, curb, or otherwise improve or repair any side-walk of said city, or any part thereof, now in existence or hereafter constructed; and to have any or all of said improvements made or done in such manner, upon such terms, of such material, by such persons, either contractors or employees, as the mayor and council may determine; and such constructions or improvements may be done in such parts or sections as they may determine, each section in the discretion of the mayor and council to be treated as a whole or entire base upon which to proportion the assessments,

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if any, to be made against the property owners, as herein-after provided for. Cairo, city of; streets and street improvements. Sec. 2. Be it further enacted, That said mayor and council shall have power and authority to do or have done any or all the work, or make or have made any or all the improvements or repairs, mentioned in the preceding Section, at the expense, in part or altogether, of the owners of the property abutting on such street, lane, avenue or sidewalk, the whole of said expense and cost, or such part as the mayor and council may determine, to be assessed against such abutting property and to be equalized and prorated according to the frontage of such property on such street, lane, avenue or sidewalk. Assessments for street improvements. Sec. 3. Be it further enacted, That whenever the mayor and council shall construct, curb or improve, in any manner herein authorized, any such sidewalk only, or any distinct section thereof, or shall require the same to be done, the expense or cost thereof, either in part or wholly, as they may determine, shall be assessed in the proportion aforesaid against the property abutting on the one side only, without the street proper as the property of the city bearing any part of such assessment. Assessments against abutting property. Sec. 4. Be it further enacted, That the mayor and council of said city shall have full authority to do or contract for having done, any or all the work, improvements or repairs mentioned in any of the preceding Sections without giving the holders or owners of such abutting property the option of themselves collectively or individually doing or having done such work, improvements or repairs; the object of this Section being to prevent any delay in the progress of the work, and to secure a uniform quality,

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grade and appearance of workmanship and material; but the mayor and council may, if they deem proper, whenever they shall undertake any of the work, improvements or repairs mentioned in any of the preceding Sections, order the owner or owners of the abutting property to do or have done such work, improvements or repairs at his or their own cost, under the direction of the mayor and council and in strict accordance with their specifications, and if said owner or owners shall fail to commence the same within twenty days and carry on said work, improvements or repairs in a progressive manner to a successful completion, then and in that event the mayor and council may have said work, improvements or repairs done, and assess the cost, or any part thereof, as above provided in this Act, and enforce the payment thereof as hereinafter set forth. Work of street improvements, how executed. Sec. 5. Be it further enacted, That whenever any such work, improvements or repairs are done by the mayor and council, by assessment as aforesaid, as soon as the same shall have been completed, or as soon as the total cost thereof may be ascertained, they shall, either by keeping an assessment roll, or in any other accurate manner, determine what part of the cost shall be borne by each piece of abutting property according to its frontage, and the amount of the assessment on each piece of abutting real estate shall be a lien on such property, inferior only to liens for State, county and municipal taxes, and dating from the passage of the ordinance or resolution providing for the doing of the work or for making of such improvements or repairs and for the making of such assessments. Lien of assessments. Sec. 6. Be it further enacted, That the mayor and council shall have power and authority to enforce the collection of such assessments for such work or for any of the said

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improvements or repairs, done or made either upon any street, avenue or sidewalk, by executions to be issued by the clerk of the council against the real estate so assessed, and against the owner thereof at the date of the passage of the ordinance making the assessment, said execution to be directed as provided in the charter of said city for the direction of executions, and to be levied by any officer to whom directed, upon the property so assessed; and after advertising and the other proceedings as provided in cases of sales for city taxes, the same shall be sold at public outcry to the highest bidder, at the time, place and in the manner of sales for city taxes, and such sale shall vest absolute title to said property in the purchaser; provided , that the defendant shall have the right to file an affidavit of illegality denying that he owes the same or some part of the sum for which the said execution was issued, and in case he admits owing any amount, stating what amount is due, which amount so admitted shall be paid or collected before the affidavit is received, and the affidavit for such balance, and all affidavits may be filed under this Section shall be received, and returned to the Superior Court of Grady county and there to be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Collection of assessments. Sec. 7. Be it further enacted, That the mayor and council shall have power to enforce the provisions of the preceding Sections from time to time upon the same street, avenue or sidewalk, as often and whenever they deem necessary. Succeeding improvements. Sec. 8. Be it further enacted, That the mayor and council shall have power to direct the marshal to transfer for value, any execution so issued for such assessments,

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or for any taxes or licenses due or hereafter to become due the city, or any other execution issued in behalf of said city for any purpose, under any authority now or hereafter granted, and the lien of and all rights under such execution shall be preserved to the purchaser; provided , he will have the same recorded in the same manner as is provided in Section 1145 the Civil Code of 1911, for the record of tax fi. fas. If not so recorded the lien shall rank as a law judgment lien from the date of actual record. Transfers of executions for assessments. Sec. 9. All executions issued by said city, for any purpose whatever, shall bear interest from its date at seven per cent. per annum. Interest on executions. Sec. 10. Be it further enacted, That the mayor and council of said city shall have power and authority to grant to railroad companies or other public service companies or enterprises, franchises to use any of the streets or highways, or any part of either, of said city for any purpose, and for use in such manner and to be granted for such period or periods of time and upon such terms and conditions as the mayor and council may deem proper. Franchises. Sec. 11. Be it further enacted, That the mayor and council shall have power to authorize the clerk of the council to issue executions for indebtedness past due to the city for water and lights for any charge for connecting either with the water pipes or with the lighting system, including wiring and fixtures, such execution to be directed and disposed of as in cases of executions for taxes due to the city, except that sales thereunder shall vest absolute title to the property in the purchaser, and the amount of such execution shall be a general lien on all property of the debtor, dating from the issuance of the execution and

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ranking as judgments at law; provided , that the levying officer denying the whole of the amount of such execution or some part thereof, and such affidavit with the execution shall then be returned to any Justice Court sitting in Cairo, there to be tried as cases of illegality in such Court; provided , that if the amount should exceed the jurisdiction of such Court, then the return shall be made to the Superior Court of Grady county and regularly tried therein; such affidavit to be filed under the terms, conditions and penalties set forth in Section six of this Act. Any and all ordinances heretofore passed by the mayor and council of said city covering the matters of this Section are hereby validated. Executions for other claims due the city. Sec. 12. Be it further enacted, That said mayor and council shall have power and authority to establish a place or building or certain limits which they may rent or buy, as a city market in said city as a place for the sale of all fresh meats, beef, pork, fish, oysters, and vegetables of every kind and such other articles for food as may be offered for sale by any one in said city, or as they may require to be sold at such market, and said mayor and council shall have power to make rules and regulations for the inspection and governing of same, to fix reasonable market hours during which they may prohibit the sale of any of such meats or article at any other place in said city than at said market, and may also prohibit the sale of any kinds of meat, fish, oysters and the like altogether except at said market; provided , that nothing herein contained shall be construed to prevent the sale of such articles elsewhere in said city during such reasonable hours as the mayor and council may prescribe. City market. Sec. 13. Be it further enacted, That said mayor and council shall have power to make assessments on the various

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lots of land in said city for sanitary purposes, cleaning privies, cess-pools, sewer pipes and the like, or any other sanitary purpose they may deem proper, not to exceed $3.00 per year on each lots assessed, and they are empowered to collect said assessment by execution against the property and the owner as provided in Section six of this Act, which execution shall be enforced and disposed of as provided in said Section six, the sales thereunder to be effective as therein provided; provided , that the defendant shall have the same rights of filing his affidavit of illegality upon the same grounds and terms as provided in said Section six, but returnable and triable as provided in Section eleven of this Act. The amount so assessed shall be a lien on such lot dating as may be provided in the ordinances providing for the making and collection of such assessment, and inferior only to liens for State, county and municipal taxes. The said mayor and council shall have power to prescribe what shall constitute a lot for such assessment; provided , that no lot shall be less than twenty-five feet front, that no assessment shall be made on any lot wholly vacant, and that the lots or parts of lots covered by a residence shall not be sub-divided. Said mayor and council may fix a date from which the owner at that date will be liable for the assessment for the year therefor. Assessments for sanitary purposes. Sec. 14. Be it further enacted, That the proceeds of all sales under executions issued on behalf of the city for any purpose shall be applied first to the payment of the principal, interest and costs due thereon, and then the remainder, if any, shall be paid the owner of the property, or the rightful owner of the find. Proceeds of sales under executions. Sec. 15. Be it further enacted, That Section thirtyeight of the Act approved August 6, 1906, incorporating

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and creating a charter for the city of Cairo be, and the same is hereby, amended by striking from said Section the words ranking with judgments at law and inserting in lieu thereof the words ranking next to and inferior only to liens for State and county taxes; provided , that such lien for ad valorem taxes shall date from April 1st of the year for which they are due, which date is hereby made the date from which liability for taxes shall run and from which returns shall be made; and provided , that lien for license, specific, occupation, street, and all other taxes besides ad valorem taxes shall date from the time the same becomes due, so that said Section thirty-eight, when so amended, shall read as follows, to-wit: Liens of executions. Sec. 38. Be it further enacted by the authority aforesaid, That the mayor and council shall fix the time when all city taxes, levies and assessments shall become due and payable. All of which it shall be the duty of the clerk of said city to collect and in case the same are not paid at the time prescribed by the mayor and council, said clerk shall issue executions therefor, which shall be a lien on all property of the delinquents in this State, ranking next to and inferior only to liens for State and county taxes; provided , that such lien for ad valorem taxes shall date from April 1st of the year for which they are due, which date is hereby made the date from which liability for taxes shall run and from which returns shall be made; and provided , that the lien for licenses, specific, occupation, street, and all other taxes besides ad valorem taxes shall date from the time the same becomes due. All executions, writs processes and subp[UNK]nas issued in behalf of said city for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said city, and to all and singular the Sheriffs and Constables of this State. The provisions

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of this Section shall be applicable to licenses, and executions may issue therefor in the manner above provided for the collection of the price thereof, where the same be not taken out and paid for according to the ordinances of said city. Taxes, when payable. Sec. 16. Be it further enacted, That Section thirty-four of the said Act referred to in the preceding Section be, and the same is hereby, amended by inserting between words city and word and, both in the third line of said Section thirty-four, the following words, to-wit Between the ages of sixteen and fifty years, so that said Section thirty-four, when so amended, shall read as follows, to-wit: Sec. 34. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to require all persons living in said city between the ages of sixteen and fifty years and subject to road duty under the laws of this State to work on the streets of said city, and to prescribe a commutation tax to be paid in lieu thereof. Upon failure of any person to pay said tax, or to work on the streets as aforesaid, they may provide suitable regulations for the punishment therefor as for other violations of the ordinances of said city. Street work or commutation tax. Sec. 17. Be it further enacted, That failure or refusal to pay a fine imposed for any offense against said city may be adjudged as contempt, and the person so held in contempt may be punished therefor as provided by the original charter of said city. Any ordinance heretofore passed covering the matters of this Section is hereby validated. Contempt. Sec. 18. Be it further enacted, That the mayor and council shall have the power to prescribe rules for the impeachment

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of any officer of said city for any misconduct, or breach of duty, and may determine who of their number shall compose the court for such purpose; provided , that after a fair and impartial hearing before such court, its action shall be final. Impeachment. Sec. 19. Be it further enacted, That the mayor and council shall hold their meetings at any place in said city that the mayor or acting mayor may order; provided , that should the meetings be held at any other place than the city hall, notice of all changes of the place of meetings shall be posted at the court house door of Grady county, in said city, one day before the change takes effect. But any and all laws as to the time and place of the meetings of said mayor and council, if within the limits of the city, shall be held directory only. Meetings of council. Sec. 20. Be it further enacted, That the said Act incorporating and creating a charter for said city, approved August 6, 1906, above referred to, be further amended by striking Section five thereof from and by inserting in lieu thereof the following, to-wit: Sec. 5. Be it further enacted, That any ordinance or resolution may be enacted and become a law at the meeting at which introduced, if all of the five members of the council shall be present and vote in favor of its adoption and the same is then and there approved by the mayor; otherwise, it shall pass over to another meeting and if three councilmen then vote in favor of its passage, the same shall become law, subject to the mayor's approval. Whenever the mayor shall veto any measure, the council may reconsider the same at another meeting, but such measure shall not be of force, over the mayor's veto, until approved in writing by

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three councilmen. His failure to act on any ordinance within five days after it is ready for his veto or approval, shall be regarded as a veto. All readings of proposed ordinances or resolutions, if any after the first reading, shall be satisfied by the mere reading of the caption, unless the mayor or some member of the council requests otherwise. Ordinances and resolutions may be introduced and passed at special as well as regular meetings, and unless otherwise provided shall be effective as soon as placed either upon the minutes or upon such ordinance book as may be provided. Any ordinance or action whatever already had providing such ordinance book is hereby validated. Ordinances, how adopted. Sec. 21. Be it further enacted, That neither the Act approved August 4, 1903, authorizing the town of Cairo to issue bonds in the sum of $25,000.00 for specified purposes (Acts 1903, page 484), nor any amendment or re-enactment thereof, nor the Act approved August 14, 1909, authorizing the city of Cairo to issue bonds in the sum of $15,000.00 for specified purposes (Acts 1909, page 585), shall operate as any implied or other limitation upon the power of the city of Cairo to issue in any sum, or to create any debt whatever; but the power of said city to issue bonds or to create any indebtedness in any other manner under the provisions of Sections 440 to 467 inclusive, of Volume 1 of the Code of 1910, shall hereafter be limited only by the provisions of the Constitution of Georgia. Municipal debt. Sec. 22. Be it further enacted, That whenever the tax assessors propose to return for taxation any property remaining unreturned, they shall give the owner thereof at least five days notice of the time and place of their proposed action thereon, and their proposed assessment thereof, in order to insure to such owner a fair and impartial

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hearing before the assessors before the amount of their assessment is determined, after which their action shall be final. They shall give such five days notice likewise to the owners of all property returned, the valuations they propose to raise. This Section is cumulative only, and shall not supersede any other procedure fixed by law, which the city assessors or authorities may prefer to adopt. Notice by assessors of their re turn and assessment of unreturned property. Sec. 23. Be it further enacted, That any Code of Ordinances or any ordinance book of the city of Cairo, now or hereafter provided, shall be admissible in evidence to prove any ordinance or any Section of any ordinance therein contained; or a copy of any ordinance or of any Section thereof contained therein may be introduced as primary evidence, when duly certified by the clerk of council. This Section is cumulative and shall not abrogate any rule of evidence now provided by law for the introduction of such matters in evidence. Ordinances, admissible in evidence. Sec. 24. Be it further enacted, That the mayor and council are hereby empowered, either with or without the passage of an enabling ordinance or resolution, to do or perform, or to have done or performed any function, act or thing authorized by the charter of said city as originally enacted or by any law amendatory thereof, including this Act, except in instances where it expressly appears that the passage of such enabling ordinance or resolution is a condition precedent to such action or performance by said officers in the premises. General powers of council. Sec. 25. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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CANON, CITY OF, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 167. An Act to authorize the city of Canon, in the counties of Franklin and Hart, State of Georgia, to establish and maintain a system of public schools for said city; to provide for a board of education for said city; to define their powers and duties; to empower the mayor and council of said city to levy, assess and collect tax for the support and maintenance of said school; to require the pro rata share of said city in the State school fund to be turned over to said board of education; to provide for school buildings for said public schools, and for the maintenance of the same; to provide for the ratification or rejection of this Act by the qualified voters of said city at an election to be held for that purpose; to provide for the taking of a school census of the children of school age in said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, there shall be established in the city of Cannon, Franklin and Hart counties, Georgia, a system of public schools, to be established, conducted, maintained, supported and provided for in the manner prescribed in this Act, under the name and style of the Canon Institute. Canon, city of: Institute established. Sec. 2. Be it further enacted by the authority aforesaid, That the Canon Institute shall consist of two divisions, under one general management, one to be known as the white division and the other the colored division of said

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Institute, for the education of white and colored children of said city in separate schools. Two divisions, white and colored. Sec. 3. Be it further enacted, That there is hereby created a board of education for said city of Canon, consisting of five members, their terms of office to begin the first Monday in September after the passage of this Act. They shall hold their offices until their successors are elected and qualified. They shall settle by lot their respective terms of office, which shall be for one, two, three, etc., years, so that there shall be but one member elected each year, which election shall be by the mayor and council of said city at next meeting preceding the first Monday in August after year 1911, and such an election shall be for a term of five years. At the same time said mayor and council shall fix all vacancies and unexpired terms. None but qualified voters of said city shall be eligible to membership upon said board. A majority of said board shall constitute a quorum for the transaction of all business. Mayor and council shall call a meeting immediately after the passage of this Act for the purpose of electing said board of education. Board of education. Sec. 4. Be it further enacted, That the board of education provided for as aforesaid, and their successors in office shall constitute a body corporate under the name and style of the board of education of Canon and shall be invested with all the corporate power to have and to hold, receive, enjoy, retain and possess to themselves and to their successors in office, for school purposes by gift, endowment, purchase or otherwise, any estate or estates, real or personal, of whatsoever nature or description, and shall by said name be capable of suing and being sued in any court of law or equity of this State. Board of education body corporate. Powers.

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Sec. 5. Be it further enacted, That the board, when it has organized by electing a president, secretary and treasurer, shall be, and is hereby invested with all powers necessary to the complete establishment, management, control and operation of the schools mentioned under this Act, and to that end they are authorized to adopt such by-laws, rules and regulations as to them shall seem necessary. They shall fix the scholastic term of the school, elect annually a superintendent and teachers, and pay salaries to same, shall prescribe the course of study, and select text-books for use therein. President, and secretary and treasurer. Rules and regulations. Sec. 6. Be it further enacted, That said board of education shall cause minutes to be made and kept of all their Acts and doings, shall keep or cause to be kept a just and true account of all money and property received by said board or paid out by them, showing from whom received, and to whom and for what purpose paid, and render an itemized statement of such receipts and expenditures annually to the mayor and council of said city at their regular meeting next preceding the first Monday in July. Minutes to be kept. Sec. 7. Be it further enacted, That for the educational purposes required by this Act, the mayor and council are hereby authorized to levy and collect a tax on all property in said city of Canon not to exceed one-fourth of one per cent. on the regular assessed value of said property, in addition to that raised for ordinary current expenses. Said amount of school tax when collected shall be kept separate from all other funds, and paid over to the board of education to be used for school purposes. Tax. Sec. 8. Be it further enacted, That Section 7 of this Act shall not become operative until ratified by two-thirds

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majority of persons voting at an election to be called under the provisions of this Act. Election to ratify. Sec. 9. Be it further enacted, That the board of education of Canon is hereby empowered from time to time, in their discretion, to order an election to be held for the purpose of submitting for ratification or rejection of Section seven to the qualified voters of said city, until the same shall have been ratified; provided, however , that no subsequent election shall be held within less than six months of a previous election held for said purpose. Said election shall be held at the usual voting place for the 1,363 District, G. M. Elections may be called, when. Sec. 10. Be it further enacted, That the question submitted at such elections shall be For Taxation, or Against Taxation. The result of said election shall be declared by a certificate of the managers thereof. If two-thirds majority of persons voting at such an election shall vote For Taxation, the foregoing Section shall be declared rejected. Thirty days notice of such election shall be given by publication, one or more times, in some public gazette of the city of Canon, by order of the board of education, or such other paper as they may select. Election, notice of, etc. Sec. 11. Be it further enacted, That the State School Commissioner shall pay over to the board of education of Canon the State school fund as apportioned by the said State School Commissioner. Public funds. Sec. 12. Be it further enacted, That the board of education of Canon shall contract with the boards of education of Franklin and Hart counties for such pupils as live

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without said city and who attend said school from the respective counties. Board contract with non-residents. Sec. 13. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. CANON, CITY OF, INCORPORATED. No. 233. An Act to incorporate the city of Canon, in the counties of Franklin and Hart, in the State of Georgia, to define its limits, to provide for the election of a mayor and councilmen for said city, and other officers thereof, to prescribe their duties and powers, and fix their compensation; to provide a municipal government for said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the city of Canon, in the counties of Franklin and Hart, be, and the same is, hereby incorporated under the name and style of the City of Canon, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may implead and be impleaded in any Court of law or equity in the State, may purchase, have, hold, receive and retain any real estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or

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otherwise dispose of the same for the benefit of said city as they may see fit and proper, the mayor by direction of the city council making deeds to any property sold or disposed of by said city. Said city shall be, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights and powers, titles, easements and hereditaments now belonging or in anywise appertaining to the town of Cannon, under its corporate name, to-wit: The mayor of the town of Canon, shall be, and are, hereby vested in the city of Canon, created by this Act. City of Canon, Charter for. Sec. 2. Be it further enacted by the authority aforesaid, That the central point of said city shall be the central point of crossing of Broad street and Third Avenue. Central point. Sec. 3. Be it further enacted by the authority aforesaid, That the territorial limits of said city shall embrace and include all the territory within one and one-half (1) miles from said central point in the counties of Franklin and Hart. Territorial limits. Sec. 4. Be it further enacted by the authority aforesaid, That the government of said city shall be vested in a mayor and four councilmen. The present mayor and councilmen of the town of Canon shall continue in office until the first day of January, 1912, and until their successors are elected and qualified, and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of the city of Canon, created by this Act. Mayor and council. Sec. 5. Be it further enacted by the authority aforesaid, That the chief executive officer of the city shall be the mayor, who shall be a qualified elector, a resident of

Page 900

the city for twelve months prior to his election, and who shall serve for one year, or until his successor be elected and qualified. Mayor, who is qualified for. Sec. 6. Be it further enacted by the authority aforesaid, That on the first Wednesday in December next, there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified, and four councilmen, two of whom shall be elected for a term of one year, and two for a term of two years; each of said councilmen shall hold office until his successor is elected and qualified. On the first Wednesday in December each year thereafter, there shall be elected a mayor and two councilmen, the mayor to serve one year or until his successor is elected and qualified, and the two councilmen to serve two years, or until their successors are elected and qualified, to fill vacancies occurring every year by expiration of terms, each officer so elected and qualified shall enter upon the duties of their respective offices on the first day of January following said election. At the first regular meeting of the mayor and council, after their election and qualification, they shall elect one of their number mayor pro tem. , whose office shall terminate at the expiration of the year in which he is elected. In the event the office of mayor or any one or more of said council shall become vacant, for any cause whatsoever, the remaining members of the council shall fill said vacancy for the unexpired term, by appointment. Election of mayor and council. Term of office. Mayor, pro tem. Sec. 7. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter, and all elections in which any question or subject is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace and

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two freeholders, and each of said managers before entering upon his duties shall take and subscribe before some officer authorized by law to administer oaths, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and powers; so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held in the law-house provided by the city council of Canon for the 1363rd District, G. M., and the voting shall be by ballot. The polls shall open at 8 o'clock A. M. and close at 3 o'clock P. M. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council, who shall pay for same by an order on the city treasurer. Elections, how held. Sec. 8. Be it further enacted by the authority aforesaid, That the said managers shall certify two lists of voters and two tally sheets, and place the same, together with ballots, in a sealed package, together with certificate showing the result of the election signed by said managers, and deliver them forthwith to the mayor, who, with the council, shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city is contested, notice of the contest shall be filed with the clerk of the retiring council within two days after said election, setting forth all the grounds of contest, and upon the payment of $10.00 in advance to said clerk within two days, said clerk shall cause a copy of said notice to be served by the marshal on the contestee, if said contest is for an office; and if the result

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in any election in which any question is submitteed is contested, then said clerk shall cause notice served on the mayor of said city, and published in some newspaper in said city. Said mayor shall fix the time for hearing such contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. The contestant shall pay the marshal $2.00 in advance for serving the said notice. The mayor and council are authorized to hear and determine the contest, and losing party shall pay all costs, for which said mayor and council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the mayor, and be signed by the said clerk. Result of election, how declared. Contest of elections, proceedings in. Sec. 9. Be it further enacted, That all persons being qualified to vote for members of the General Assembly of this State, and who have paid all taxes due said city, and who have resided in said city six months prior to the election at which they offer to vote, shall be qualified to vote at any election provided for in this charter. Who are qualified voters. Sec. 10. Be it further enacted, That on the first day of January following each election the persons elected for offices of mayor and councilmen, or either, shall take and subscribe before some judicial officer or the mayor of said city then in office, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmen, as the case may be) of the city of Canon, to the best of my skill and ability, and as it shall seem to me the best interest and welfare of said city, without fear, favor or affection; so help me God. And they shall forthwith enter upon the discharge of the duties of their respective offices. Oath of office.

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Sec. 11. Be it further enacted, That the mayor and mayor pro tem . while acting as mayor, shall not have the right to vote upon any question before the council except in case of a tie, but said mayor or mayor pro tem . shall have the right to veto any resolution or ordinance adopted or enacted by the council which veto must be filed with the clerk in writing, together with his reasons therefor, within three days after their action thereon, and be entered of record on the minutes of the council; and said measure shall not be effectual unless passed over said veto by a vote of three of the four councilmen at the first regular meeting of the council after said veto; and not thereafter; provided, however , that within two days after said veto power is exercised the mayor or mayor pro tem. , as the case may be, may call a special meeting of the council, and if the councilmen, or all of them save one, be present, they may in their discretion, then and there act on said measure vetoed. Mayor pro tem. Powers of. Sec. 12. Be it further enacted, That the mayor and each councilman shall be ex-offcio a justice of the peace within said city for the purpose of issuing warrants for offenses committed within the city, and binding and committing the offenders to appear in any Court having jurisdiction of such offenses. Mavor and council may issue warrants, when. Sec. 13. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of the mayor and mayor pro tem. , any one of the council chosen by the council, may hold said court. Said court shall have power to preserve order and to punish for contempt by

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imprisonment, not exceeding thirty days, in the city lock-up or by a fine not exceeding $25.00; said fine may be collected by execution, to be issued by the clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public works of the city. Said mayor's court shall have power to impose the following penalties for the violation in any place in said city, public or private, of any ordinance of the city passed in accordance with the charter; that is to say, by a fine not exceeding $100.00, imprisonment in the city lock-up not exceeding thirty days, work on the street, chaingang or other public or private works, under the supervision of the chief of police or the marshals of said city, not exceeding 60 days, one or more, or all of these, at the discretion of the trial court. Mayor's court. Sec. 14. Be it further enacted, That the mayor and council of said city shall have power and authority to establish a chaingang, to be worked upon the streets or at such other places in said city as said mayor and councilmen may direct, and to pass all ordinances and to adopt such rules and regulations as are necessary for the maintenance and regulation of the same, and may provide by ordinance for the punishment of escapes in the same manner as for violations of the ordinances under which such person or persons escaping were convicted. Chaingang may be established. Sec. 15. Be it further enacted, That it shall be lawful for the marshal, or any marshals of said city, to arrest without warrant any and all persons within the corporate limits of said city who are then violating, or who have violated within the limits of said city, any of the ordinances of said city, and to hold said persons so arrested until proper hearing of the matter can be had; and to this end

Page 905

said arresting officers are authorized to imprison and to confine any person arrested by them in the city lockup for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. Marshal, arrests, etc. Sec. 16. Be it further enacted, That the mayor or those holding the mayor's court in his stead, shall have power and authority to subp[UNK]na witnesses within and without the limits of said city, to attend the mayor's court under the same rules and regulations that regulate and govern the Superior Courts of this State, to compel their attendance, and to punish any witness who has been subp[UNK]naed and failed to attend, under the provision of or contempts provided for in this charter. Witnesses. Sec. 17. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, bylaws, orders, rules and regulations as may, in their discretion, be necessary to enforce all the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as are not in conflict with this Act, are made a part hereof, and to provide penalties for their violation. They shall have power and authority to open, close, lay off, alter in grade or course, vacate, curb and pave and keep in good order and repair all streets, alleys, sidewalks, crossways, roads, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; and to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be drained and paved and kept in good order

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and repair, free and clean, by the owners and occupants thereof, or the owners and occupants of the real property next adjacent thereto; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholsome; to prevent hogs, cattle, sheep and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the mayor and council shall be a nuisance; to regulate the keeping of gun-powder and other explosives and combustibles; to abate, or cause to be abated, nuisances in the form of lewd or bawdy houses, or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers, or other intoxicating or alcoholic drinks, by whatever name or names the same may be called; to provide in or near said city places for the burial of the dead, and to regulate interment therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations against danger by fire, and to provide limits in which no nonfireproof building shall be erected or repaired; to protect the persons and property of the citizens of said city, and to preserve peace and good order therein; and for this purpose the said mayor or mayor pro tem. shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of his duties; to prescribe the powers and define the duties of all the officers appointed or elected by the mayor and council; fix their terms of office and compensations; require and take from them bonds, when necessary, payable to the city of Canon, in its corporate name, with such security and such penalty as the

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mayor and council may see fit, conditioned upon the faithful discharge of their duties; to erect or authorize or prohibit the erection of waterworks in said city; to prevent injury to or pollution of the same, or to the same, or to the water or healthfulness of said city; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, gasoline, electricity or other power; to regulate and provide for the weighing of hay, coal, cotton seed and other articles sold, or for sale in said city, and to provide a revenue for said city, and to appropriate the same to the expense of said city; to issue bonds, as hereinafter provided for; to pass all laws, ordinances and regulations deemed necessary for the protection of the inhabitants of said city against smallpox or other contagious diseases; to take whatever steps as in the opinion of the said mayor and council necessary to guarantee good sanitary conditions in said city. Powers of mayor and council. Sec. 18. Be it further enacted, That the mayor and council of said city shall have full power and authority to license and regulate and control by ordinance all taverns, hotels, restaurants, cafes, boarding houses, saloons for the sale of ices, creams, etc., founts and stands for the sale of hot and cold drinks, livery stables, feed stables, sale stables and lots, hacks, drays, and other vehicles, including automobiles, vender masters, auctioneers, itinerant traders, theaters and theatrical performances except performances by local amateurs, oil mills, ice works, bottling works, laundries, pressing clubs, waterworks, shows, circuses and exhibitions of every kind, itinerant lightning rod dealers, immigrant agents, peddlers of stoves, clocks, machines or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise and other things, pool and bagatelle

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tables kept for public use, every keeper of any table, stand or place for the performance of any game or play, whether played with sticks, balls, rings, dice, plates, upon flying horses or other contrivance whatsoever; insurance agents, life, fire, accident, live stock and other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds and dealers in futures, keepers of slaughter houses, beef markets, green grocers, dealers in fish or oysters, vegetables, fruits, breads and other articles of food; keepers of skating rinks, contractors and builders, and all mechanics or artisans; barber shops, photograph galleries, jewelers, opticians, either local or itinerant; upon all non-resident persons taking or soliciting orders for any article of merchandise of any kind at retail; upon all manufacturers, ginneries, flour mills, saw mills, lumber dealers and dealers in any kind of building material, undertakers, pawn brokers, junk and old iron and metal dealers; and upon all and every other establishment, business, profession, calling, trade or avocation not heretofore mentioned, and which under the Constitution and laws of Georgia are subject to license and specific tax. The mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession, calling in said city, for which a license is required. Should any person engage or continue in any business, trade, profession or calling for which a specific tax or license is required by said city by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the mayor's court, and may be find or imprisoned in the

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discretion of the court. The provisions of this Section shall apply to all persons whether artificial or natural. Sec. 19. Be it further enacted, That the mayor and council of said city shall have full and complete control of the streets, sidewalks, alleys, roads, ways and other public places in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading or in any change of the street lines and sidewalks of said city, and when the mayor and council of said city shall desire to exercise the power and authority granted in this Section, it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by Sections 4657-4685 inclusive, of Volume 2, of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, posts or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Control of streets, etc. Sec. 20. Be it further enacted, That the said mayor and council shall have power and authority to require from all male inhabitants in said city, who by the laws of the State are subject to be worked on the public roads, to work such length of time on the streets of said city as mayor and council shall direct by ordinance, in no case to exceed fifteen days in one year. Said persons so subject to be worked on the streets shall have the right to relieve themselves of said work by paying tax, which said mayor and council shall fix by ordinance; said tax, however, shall in no event exceed

Page 910

five dollars for one year. Said work to be done and said tax to be paid at such times as the mayor and council shall direct. Any persons subject to work on said streets, who shall fail to work or to pay said taxes when notified, shall be punished in the mayor's court as mayor and council may be ordinance prescribe. Street tax. Sec. 21. Be it further enacted, That the mayor and council shall have full authority to pass and enforce ordinances and regulations preventing idleness and loafing on the streets within the corporate limits of said city, and to prescribe penalty for the violation thereof. Vagrancy, Sec. 22. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations necessary to lay out a fire district in the city of Canon, and enlarge, change or modify its limits from time to time; to prescribe when and how and of what material buildings in said limits may be erected or covered; how thick the walls must be, the manner in which the chimneys, stove pipes and flues shall be constructed; to change all things that they may deem necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to be so, and make the owner or occupant pay the expenses of the change, as they may elect, and which may be collected by execution as taxes are now collected: and if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and council may order such buildings removed; and if any such person, firm or corporation shall not remove

Page 911

such buildings after notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner; which expense may be collected by execution. Fire district. Building laws. Sec. 23. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government, the mayor and council of said city of Canon shall have full power and authority and shall prescribe by ordinances for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, to defray the ordinary annual expenses of the city government, said tax not to exceed one-half of one per cent. per annum. Ad valorem tax. Sec. 24. Be it further enacted, That the council of said city shall have full power and authority to provide the manner of giving in taxes in said city, to appoint three citizens of said city, who are freeholders thereof, as tax assessors of said city, whose duty it shall be to place a just, fair and equitable valuation on the property within the corporate limits of said city subject to city taxes, whether given in for taxes by the owners of property themselves or not, to equalize and adjust the tax returns of all owners of property within said city; the said board of assessors to give to any citizen or property owner an opportunity to appear before them and make objection to the valuation placed by them upon any piece of property, and, if in the judgment of said assessors the valuation first fixed be too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or had notice to appear before them, shall be final. Publication in any newspaper published in said city ten days before the day fixed for

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hearing complaints shall be deemed sufficient and legal notice under this Section. Tax assessors. Sec. 25. Be it further enacted by the authority aforesaid, That at the first regular meeting of the mayor and council, which shall be held after their election and qualification, they shall elect a city clerk or treasurer, which offices may be consolidated; a marshal who may be chief of police, and as many policemen as in the judgment of the said mayor and council shall be necessary; a city attorney and such other officers as the mayor and council may deem necessary in the government of said city. Each of said officers shall take such oaths and give such bonds as the mayor and council may prescribe by ordinance, all bonds being made payable to the city of Canon. Said mayor and council shall have power and authority to suspend or remove such officers from office or to impose fines on said officers in their discretion. Officers. Sec. 26. Be it further enacted, That the city clerk shall be a practical bookkeeper and shall keep an accurate set of books for said city, and furnish when required by said mayor and council a report of the financial condition of the said city of Canon. He shall keep the minutes of the sessions of council, all papers and records of the city appertaining to his office, and in addition shall perform all such other duties as are usually incident to his office. Clerk's duties, etc. Sec. 27. Be it further enacted, That the city treasurer shall receive all moneys belonging to said city, including all taxes, fines, and evidences of indebtedness, and keep an accurate account thereof in such manner as the mayor and council shall direct. He shall keep all moneys in his hands belonging to the city separate and distinct from his own

Page 913

money, and he is expressly prohibited from using, directly or indirectly, the corporation money in his custody either for himself or for any other person. Violation of this provision shall be punished by expulsion from office. Treasurer's duties. Sec. 28. Be it further enacted, That the city attorney shall perform all the professional services incident to his office, and when required shall represent the city in any case, in any Court of law or equity in this State. It shall be his duty to furnish an opinion upon any subject submitted to him by the city council, the mayor or a committee from the council. City attorney. Sec. 29. Be it further enacted, That the chief of police and marshals shall perform such duties as are incident to their offices, and shall preserve the peace and good order of said city, according to the laws of said State and the ordinance of said city, and in the pursuit of any offender against the laws of this State or the ordinances of the city of Canon, they or any of them, may enter any building, either public or private, and admission is refused it shall be lawful for said officers to break and enter said buildings for the purpose of making said arrest. Chief of police, marshal, duties, etc. Sec. 30. Be it further enacted, That any person convicted in the mayor's court of the city of Canon for any violations of the laws or ordinances of said city may enter an appeal from the judgment of said court to the council of said city; provided , the appeal be entered within 24 hours after the judgment is pronounced, and provided all costs are first paid and bond given to abide the final judgment in the case. The council of said city, on the hearing of any appeal case, shall have the power to increase or decrease the fine imposed in the mayor's court

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aq they may think right and proper. Any person convicted by the council on appeal, may, by giving notice of his intentions to certiorari , suspend the judgment, and may be released from custody at once upon giving bond with security in such sum as may be fixed by the mayor for his appearance to abide the final judgment, and the proceedings thereafter shall be as prescribed by the general laws of the State. Appeal from mayor's court. Sec. 31. Be it further enacted, That the mayor of said city shall receive a salary of fifty dollars per year, but shall receive no perquisites or other compensation for his services, and each councilman shall receive a salary of ten dollars per year as full compensation for his services. All other officers and employees shall be paid in accordance with contracts made with said mayor and council. Compensation of officers. Sec. 32. Be it further enacted, That the said mayor and council shall each year appoint three fit and proper persons who shall constitute the board of health of said city. It shall be the duty of said board to meet as often as may be necessary and report to the mayor and council any and all nuisances which are likely to endanger the health of said city and the said mayor and council shall have power, upon the report of said board of health, to cause any such nuisances, or the owner of the premises or both, as the mayor and council may elect. All expenditures under this Section may be collected by execution in the same manner as are other executions issued in favor of said city. Board of health. Sec. 33. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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CANDLER, CHARTER AMENDED. No. 16. An Act to amend an Act to incorporate the town of Candler, in the county of Hall; to define its limits; to provide for a mayor and council and other officers and election of same; to provide for municipal government for said town; to prescribe the powers and duties of the several officers; to provide rules and ordinances, approved August 15th, 1910, so that the incorporate limits of said town of Candler may be enlarged, and so as to provide for the establishment of public schools in said town by declaring upon what terms the same may be established, and to prescribe the qualifications of electors voting at such an election to be held for the purpose of establishing such schools, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That said Act as approved August 15, 1910, be and the same is hereby amended by adding the following Section (a) 16. Be it further enacted by the authority aforesaid, That the mayor and council of said town be, and they are hereby authorized to establish a system of public or common schools within said city, upon first complying with the following regulations, to-wit: Before any common or public schools shall be established in said town of Candler, to be maintained at the expense of said town, the mayor, upon recommendation of a two-thirds vote of the council, shall advertise an election for thirty days, to be held at the voting precinct in said town of Candler, at which all persons qualified to vote for mayor and council of said city shall be qualified to vote; an election to be conducted

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in all particulars as now provided by law for elections in said town of Candler. It shall be the duty of the electors at said election to endorse on his ballot Public Schools or No Public Schools, and if a majority of all the persons qualified to vote at said election shall be found to have voted in favor of public schools, then, and in that event, but not otherwise, it shall be lawful for said mayor and council to establish one or more public schools for each of the two races within the said town of Candler, to be maintained in whole, or part, at the expense of said town by local taxation; provided , that no local tax levied and collected for said purposes shall ever, in one year exceed one-fourth of one per cent. on the taxable property of said town. (b) 17. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to pass all ordinances, rules and regulations necessary for the carrying into effect the provisions of the foregoing Section, and shall levy and collect in addition to other lawful taxes, a tax sufficient to provide suitable buildings and maintain public schools free of tuition except a matriculation fee to all children of Candler, for as much as six months in each year; provided , said levy does not exceed the amount prescribed in the foregoing Section. Candler, town of: Public schools may be established, how. Power of mayor and council to pass ordinances, collect tax, etc. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911.

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CARLTON, TOWN OF, SCHOOL TRUSTEES, HOW ELECTED. No. 73. An Act to amend an Act entitled An Act authorizing the town council of Carlton, Ga., to create a debt for said town by issuing bonds to erect a school building, to levy a tax therefor, and to provide for the selection of trustees for the same, and for other purposes, approved August 22, 1907, by providing that said trustees for said school to be elected by the qualified voters of said town of Carlton, and to fix their term of office, and for other purposes. Section 1. Be it enacted by the General Assembly of Gergia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, That said Act be amended by striking out all of Section eight of said Act and inserting in lieu of said Section eight, the following, so that said Act will read, commencing with said Section eight, as follows: Section 8. That at the first regular election for councilmen for said town of Carlton, after the passage of this Act, there shall be five persons, who are qualified to hold the office of councilman for said town, elected by the qualified voters of said town, to be known as the board of trustees for the government of said school in said town. The said election to be held and governed by the same rules and regulations governing elections for councilmen of said town, also as to the declaring the result of the same. At said election the five persons receiving the highest number of votes shall be declared by the council of said town of

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Carlton to be elected as said board of trustees for said school in said town of Carlton. The official term of said board, and each of the members thereof, is to begin immediately after the said election and to continue for the periods hereinafter provided. Two of the members of said board shall be elected for one year and three for two years. Immediately after the election of said board the members shall cast lots or otherwise agree among themselves to which member each of these respective terms shall belong. Carlton, town of: School trustees, how elected. Term of office. Sec. 2. Be it further enacted by the authority aforesaid, That at the next regular election for councilmen for said town the successors to the two members of said board who were elected for one year shall be elected for the term of two years, and at every succeeding regular election thereafter the successors to the members whose terms expire shall be elected. In such cases the successors to hold for the same term as his predecessors held the same. Successors to members holding one year term. Sec. 3. Be it further enacted, That in all cases of vacancies which may arise in the membership of said Board of Trustees caused by death, resignation or otherwise, there shall be held a special election, to be called by the councilmen of said town of Carlton, for the purpose of filling said vacancy; and the member or members thus elected shall hold office only with the next regular election for councilment, at which time the successor to the member or members causing said vacancy shall be elected, and only for the unexpired term of the member or members causing the vacancy. Vacancies, how filled. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall be clothed with the

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power of looking after said school building, employing teachers, etc., as usually conferred upon school trustees. Powers. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1911. CARTERSVILLE, CITY OF, NEW CHARTER. No. 176. An Act to amend, consolidate and supersede the several Acts incorporating the city of Cartersville, in the county of Bartow, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same; to provide for the creation of a board of commissioners for administering all the affairs of said city; to provide means by which legislation for said city can be initiated and franchises and ordinances referred to the qualified voters thereof for approval or rejection and to provide for the recall of elective officers, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the corporate existence and identity, territorial limits and jurisdiction of the city of Cartersville, with all corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law, are hereby preserved unto said city, except as altered or amended by

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this Act. All resolutions and ordinances thereof now in force not in conflict herewith shall remain unchanged, subject, however, to be hereinafter amended or repealed by the duly constituted authorities of said city. All property and property rights now held, owned or possessed by said city, and all pending suits or claims by or against said city are preserved unaltered. Cartersville, city of: New charter for. Sec. 2. Be it further enacted, That a governing board for said city to be known and designated as the Board of Commissioners of the City of Cartersville, is hereby created. Said board of commissioners shall consist of a mayor and two commissioners, all of whom shall be elected by the qualified voters of the city at large, as hereinafter provided. Governing board, how elected. Sec. 3. Be it further enacted, That no person shall be eligible to the office of mayor or commissioner unless he shall have been for at least one year next before his election a citizen of Georgia and a resident of said city, nor unless at the time of his qualification he is a bona fide free-holder in said city, and in case of the mayor unless he be at least thirty (30) years of age, and in case of a commissioner, unless he be at least twenty-five (25) years of age; nor convicted of any crime involving moral turpitude; nor unless he is entitled to register under the registration laws which may be in force at the time of the election at which the mayor and commissioners are chosen. Mayor, qualifications required. Sec. 4. Be it further enacted, That on the first Wednesday in November, 1911, the board of mayor and aldermen, as at that time constituted, shall appoint a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein, as election managers to hold the first primary election and

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the first regular election to be held under the provisions of this charter. Provided, however , that in the event said board of mayor and alderme nfail or refuse to name such election managers on said date, then in such event, the mayor shall name such election managers, who shall be fully vested with the power and authority to hold such primary election and regular election as if they had been appointed by the board of mayor and aldermen. And provided, further , that in the event the justice of the peace of any freeholder appointed by such board of mayor and aldermen or by the mayor decline to serve as such election manager or to qualify as such, the mayor is hereby empowered to fill such vacancy or vacancies. Election, how held. Sec. 5. Be it further enacted, That each of said managers, before entering upon his duties, shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct the election held by us, and prevent all illegal voting, to the best of our skill and power, so help me God. Oath managers of election. Sec. 6. Be it further enacted, That on the third Wednesday in December, 1911, the managers of election chosen in accordance with Section 5 above, shall hold an election by the qualified voters of said city at large, at which there shall be elected a mayor and two commissioners of said city, whose term of office shall begin on the first Wednesday in January, 1912, and continue for two years, and until their successors are elected and qualified. Should said managers of election fail or be prevented from any cause from holding said first election within the time herein specified, they shall hold the same as soon as practicable after the

Page 922

preventing cause is removed. Provided, further , that nothing in this Section nor in this Act, relative to the term of office of the mayor and commissioners shall in any way operate to prevent the re-call of the mayor or commissioners, or any of them, and the termination of the tenure of office by the recall as hereinafter set out. Election, when held. Sec. 7. Be it further enacted, That the mayor and commissioners shall be nominated and elected at large; all candidates to be voted for at all regular municipal elections at which said mayor and commissioners are to be elected under the provisions of this Act shall be nominated at a primary election to be held by said managers, hereinbefore provided for, of the legally qualified voters of the said city at large, and no other name shall be placed upon the official ballot or be voted for at such regular election except those selected in the manner as hereinafter prescribed. The primary election for such nomination shall be held on the second Wednesday in December preceding the regular election; that is to say, the first primary held under the provisions of this Act shall be held on the second Wednesday in December, 1911, and thereafter for the nomination for regular elections on the second Wednesday in December, every second year. Said primary election shall be held at the court house in said city and between the same hours as fixed for the holding of regular or special municipal elections. Primary election must be held. Sec. 8. Be it further enacted, That any person desiring to become a candidate for mayor or commissioner shall at least ten days prior to said primary election file with said board of election managers, and over his own signature, a statement of his candidacy; and that he has the

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qualifications prescribed by this Act, and that he requests that his name be printed upon the official primary ballot, and, at the same time he will file with said board of election managers the petition of not less than ten (10) qualified voters of said city requesting such candidacy. Each petition shall be verified by one or more persons as to the qualifications and residence, with name and street of each of the persons so signing the said petition. Candidates for mayor or commissioner, what statements must be filed. Sec. 9. Be it further enacted, That upon the expiration of the time of filing the statements and petition for candidates, the said election managers shall cause to be published one time in one or more newspapers published in the city, the names of the persons that will appear upon the primary ballots for mayor and commissioners, respectively, and the said election managers shall thereupon cause the primary ballots to be printed and distributed, the primary held, the votes counted, canvassed and certified, and shall certify the names of the two candidates receiving the highest number of votes for mayor and of the four candidates receiving the highest number of votes for commissioner, or all such candidates, if less than four. Then said board of election managers shall also certify to the city of Cartersville for payment of such expense as shall have been properly incurred in holding said primary election and said amount of expense shall be a charge against said city, and shall be paid by it in like manner as other miscellaneous expenses. Primary election, how held. Expenses of election paid by city. Provided , That in the event any candidate so receiving a sufficient number of votes in such primary may withdraw or decline to be voted for by such a statement over his signature addressed to such election managers who shall place

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on the official ballot only the names of the remaining candidates for mayor and commissioners. Provided, further , that in the event there shall be a tie vote between any two or more of the candidates for mayor and commissioner receiving the highest number of votes in the primary, then the names of all those receiving the highest tie vote shall be certified by the election manager to the city clerk, and their names shall be placed upon the ballots as candidates either for mayor or commissioner, as the case may be, in the regular election. Provided, further , That each of the candidates to be voted for in said primary shall upon his conferring that authority in writing have from the opening of the polls until the vote shall have been counted and certified by the primary officers, an inspector inside each voting place to watch the primary election. Sec. 10. Be it further enacted, That the two candidates receiving the highest number of votes for mayor and the four candidates receiving the highest number of votes for commissioners, or all of such candidates, if less than four, shall be the candidates and only candidates whose names shall be placed upon the ballots, or to be voted for for mayor and commissioners, respectively, at the regular election. Regular election. Provided, however , That the names of those candidates for either mayor or commissioner receiving the highest number of votes in the primary elections, and at the same time receiving a tie vote, shall be placed on the ballots in the regular election, as provided in Section nine above; and provided, further, that in case of a tie vote between any

Page 925

two or more of the candidates receiving the highest number of votes for mayor or commissioner in the regular election, another election shall be held on the Monday preceding the first Wednesday in January to determine and settle the question as to who is the choice between the thus tied candidates and contestants, and no other candidates than those thus tied in such regular election, shall be voted for in any election held to determine a tie. Sec. 11. Be it further enacted, That every act or deed, whether of commission or omission, denounced by law as an offense in the regular State elections, is hereby declared to be a like offense in the case of any primary, regular, special or removal election held under this Act and be punishable in like form and manner. Rules of election. Sec. 12. Be it further enacted, That any candidate for nomination or election under this Act, who shall, to any person pay, give or offer to pay or give, directly or indirectly, money or anything of value, or who shall knowingly suffer any person to do so for the purpose of obtaining the vote or influence of any elector, or of obtaining his vote or influence against an opposing candidate, shall be disqualified as mayor or commissioner, in addition to the other penalties prescribed by law for such offenses. And this Section shall be construed as to prohibit any candidate for nomination or election under this Act from promising to appoint, or to use his influence for the appointment of any person to a position of income. Vote buying prohibited. Sec. 13. Be it further enacted, That the said election managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot boxes with the ballots and seal the same, and

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shall forthwith deliver the same to the Ordinary of Bartow county, Georgia, to be by such official kept until the selection of election managers by the board of commissioners hereinafter provided, who shall thereafter be entitled to the custody of such ballots and lists of voters and tally sheets and kept in the vaults of the city office for two years, after which they may be destroyed. The other list of voters and tally sheets shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and at the first meeting of the board of mayor and aldermen occurring after the expiration of three days after the election, and within ten days after the said election, deliver the said package to the mayor and aldermen, with a report showing the result of such election which shall by said board of mayor and aldermen be declared. In the event of a contest, notice of such contest shall be filed with the Ordinary of Bartow county within three days after said election, who shall conduct same in accordance with provisions relating to contests for mayor and aldermen. Result how declared. Contest. Sec. 14. Be it further enacted, That said board of commissioners shall have and possess, and its members shall, subject to the provisions of this Act, exercise from and after the election and qualification of the first board of commissioners provided in this Act, all executive, administrative, legislative and judicial powers now had, possessed and exercised, jointly and severally, by the board of mayor and aldermen, the water, light and bond commission and the board of school commissioners; and the said board of mayor and aldermen, the water, light and bond commission and the board of school commissioners of said city are each and all hereby abolished, such abolition to take effect upon

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the election and qualification of the first board of commissioners under this Act. The terms of office of the present board of mayor and aldermen, the members of the said water, light and bond commission and the members of the board of school commissioners shall cease and terminate at the beginning of the terms of the board of commissioners first elected under this Act. All powers and duties now vested and imposed upon the mayor of said city shall be vested in and imposed upon the mayor to be elected under the provisions of this Act, except such as are inconsistent with the provisions of this Act, and except as herein provided. Powers of board. Sec. 15. Be it further enacted, That the members of the board of commissioners shall meet on the first Wednesday in January, next after their election, be qualified and enter at once upon the duties of their office. They shall hold regular meetings at least once a week. They shall provide by ordinance for the time for holding regular meetings and special meetings may be called from time to time by the mayor or two members of the board of commissioners, but no special meetings shall be held until twenty-four hours notice shall have been given all members of the board of commissioners, except such notices is shown to have been waived by all the commissioners upon the minutes of such board. If the business at any regular or special meeting be not finished or completed on the day when the same convenes the board may adjourn such meeting to any subsequent day that week. All meeting of the board shall be held at the time and place provided for such meetings, and such place cannot be changed except by ordinance. All meetings of the commissioners, whether regular or special, at which any person not a city officer is admitted, shall be

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open to the public. Two members of said board shall constitute a quorum and the affirmative votes of two members shall be necessary to adopt any motion, resolution or ordinance, or pass any measure unless a greater number is required by any provision of this Act. Said board may adopt rules governing its own proceedings. In the event of death or resignation of the mayor or any one or more of such commissioners, the election managers shall hold an election by the qualified voters of said city at large within not less than thirty (30) days nor more than forty (40) days to fill the unexpired term of such mayor or commissioners, but no primary election need be had preliminary to such election. Meetings of board. Meetings open to public, when. Vacancies, how filled. Sec. 16. Be it further enacted, That every ordinance or resolution appropriating money or ordering any street improvement or sewer, or making or authorizing the making of any contract or granting any franchises or right to occupy or use the streets, highways, bridges, or public places in the city for any purpose shall be complete in the form in which it is finally passed and remains on file with the city clerk for public inspection, at least one week before the final passage or adoption thereof, and no ordinance or resolution of any kind, or for any purpose, shall become valid and effective until seventeen days after the same shall have been entered, and signed by the mayor, or by two of the other commissioners, in open meeting, and the minutes shall show that it was so signed and approved together with the date of such signature. No franchise or right to occupy, or use the streets, highways, bridges, or public places in said city shall be granted, renewed or extended, except by ordinance, and in the event a referendum be petitioned for by the required number of voters, as herein provided,

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every ordinance appropriating money or ordering street and sewer improvements, and every franchise or grant for interurban or street railways, electric light or power plants, heating plant, telegraph or telephone systems, or other public service utilities within said city, must be authorized as approved by a majority of the electors voting thereon, at a general or special municipal election at which the question to be submitted to the electors shall be printed in appropriate form to the ballot, and said general and special municipal election shall never be held in connection with, or upon the same day with any State, county or Congressional election of primary. Appropriations, street improvements, etc., how made. Franchises, how granted. Provided , That if an election is held under this Section concerning a franchise, the expenses thereof shall be paid by the party seeking said franchise, and the payment of said expenses must be secured to the satisfaction of said board of commissioners before said election is held. Sec. 17. Be it further enacted, That no officer or employee elected or appointed in said city shall be interested directly or indirectly, either individually as the member of a firm or as an officer of or stockholder of any corporation in any contract, for the purchase or sale of either personalty or realty by or from the city or job for work or material, or the profits thereof, or service to be furnished or performed for the city, and no such officer or employee shall be interested, directly or indirectly, in any contract or job for work or materials or the profits thereof or services to be furnished or performed for any person, firm or corporation operating interurban railway, tram railroad, street electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territory of said city. No such officer or employee shall

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accept or receive directly or indirectly from any person, firm or corporation, operating within the territorial limits of said city, any interurban railway, steam railroad, street railway, electric light or power plant, heating plant, telegraph line or telephone exchange or other business using or operating under a public franchise, any frank, free pass, free ticket or free service, or accept or receive, directly or indirectly, from any such person, firm or corporation any other service upon terms more favorable than is granted to the public generally. Any violation of the provisions of this Section shall be a misdemeanor and any such contract or agreement shall be void. Officers prohibited from being interested in any municipal contract, etc. Such prohibition of free transportation shall not apply to policemen or to firemen in uniform. Any officer or employee of said city who by solicitation or otherwise, shall exert his influence, directly or indirectly, to influence other officers or employees of such city to adopt his municipal political views, or to favor any particular person or candidate for municipal office, or who shall in any manner contribute money, labor or other valuable thing to any person for election purposes, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not exceeding $50.00, or by imprisonment in the county jail for not exceeding thirty days, or by both such fine and imprisonment, and such conviction shall work a forfeiture of such office and he shall be ineligible to hold any office or position with said city for ten years thereafter. Sec. 18. Be it further enacted, That each member of said board of commissioners, including the mayor, shall be required to execute and file with the city clerk a bond in the sum of two thousand, five hundred ($2,500.00) dollars, for the faithful discharge of their duties, and shall

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take and subscribe an oath that he will faithfully and impartially demean himself as a commissioner during his continuance in office, and that he has not, in order to induce his election to said office, either directly or indirectly, expressly or impliedly, promised his vote or support to any person for any office or position in the city government of Cartersville, or in any of the departments of said city. That he will not knowingly permit his vote in the election or appointment of any person to any position in the city government, or any department thereof, to be influenced by fear, favor, affection, reward or the hope thereof, but that he will in discharging the duties of his said office, be governed alone by his conviction of what is for the public good, preferring no class or private interests, and without regard to the political influence or private advancement of himself or any one else. Bond of officers. Oath. Sec. 19. Be it further enacted, That the executive and administrative powers, authority and duties in said city shall be distributed into and among three departments, as follows: (1) Department of Public Affairs, Public Utilities, and Finance. Departments. (2) Department of Streets, Parks and Sewers. (3) Department or Public Safety, Property and Schools. The board of commissioners shall determine the powers and duties to be performed by public officers and employees, and assign them to the appropriate department; may assign particular officers and employees to perform duty in two

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or more departments; and make such other rules as may be necessary or proper for the efficient and economical conduct of the business of the city. Sec. 20. Be it further enacted, That the the first meeting of the board of commissioners, hereunder, or within thirty days thereafter, the said board of commissioners shall assign one of its members, not the mayor, to each of the two departments last above named, and the said two commissioners shall thereafter be known and designated respectively as the commissioner of the department of streets, parks and sewers, and the commissioner of public safety, property and schools. The board of commissioners, however, shall have the power by a majority vote at any time to change any of the commissioners, except the mayor, from one department to another, such change to be made operative by resolution duly passed by said board, such resolution to fix the time when it should take effect, and to take effect at the time so fixed. Said respective commissioners shall superintend the respective departments to which they may be assigned and shall from time to time make report and recommendations to said board of commissioners respecting same; but said board, as a whole, shall have supervision and be responsible for the administration of each of said departments. Department commissioners. Sec. 21. The department of public affairs, public utilities and finance shall be in charge of the mayor, and the supervision of same shall include within its scope a general supervision of all the affairs of the municipality, including especially all matters pertaining to city taxation, finance, public utilities and revenue, the auditing of all bills in all departments, together with the duty on the mayor to keep the board of commissioners advised from time to

Page 933

time as to all matters pertaining to the general welfare of the city. Department of public affairs, utilities and finance. The department of streets, parks and sewers shall embrace all matters pertaining to streets, sewers, bridges, viaducts, subways, sidewalks and parks. The department of public safety, property and schools shall embrace all matters pertaining to the fire and police departments, public schools and property and public health. Department of strets, etc. Sec. 22. Be it further enacted, That whenever a difference of opinion shall arise as to what department shall embrace a particular work or matter, either because the same is not herein specifically provided for or because of a difference of opinion as to the proper construction of the foregoing Sections, the question shall be determined by the board of commissioners in regular session and their conclusion shall be final and binding. Difference of opinion as to which department a particular work or matter belongs, how settled. Sec. 23. Be it further enacted, That the board of commissioners shall have power from time to time to create, fill and discontinue offices and employments, according to their judgment of the needs of the city, and may by a majority vote of all the members remove any such officer or employee, except as otherwise provided for in this Act, and may by resolution or otherwise prescribe, limit or change the compensation of such officers and employees. Powers of board in respect to offices and officers. Every officer, assistant or employee shall receive such salary or compensation as the board of commissioners shall by ordinance provide, payable weekly or monthly in installments, or at such shorter period as the board of commissioners shall determine. Compensation of officers and employees, how fixed.

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All officers and employees of said city shall be elected or appointed, with reference to their qualifications and fitness for the good of the public service, and without reference to their religious belief or political faith or party affiliation. It shall be unlawful for any candidate for office or any officer of said city, directly or indirectly, to give or promise any person or persons any office, position, employment, benefit or anything of value, for the purpose of influencing or obtaining the political support, aid or vote of any person or persons. That no officer or employee elected or appointed by said commissioners shall be related to any of said commissioners within the third degree, either by affinity or consanguinity. Sec. 24. Be it further enacted, That said board of commissioners shall, each quarter, cause to be printed in a pamphlet form a detailed itemized statement of all the receipts and disbursements of the city and a summary of its proceedings during the preceding quarter and furnish printed copies thereof to the newspapers of the city, the city library and to persons who shall apply therefor at the office of the city clerk, and at the end of each year, the board of commissioners shall cause a full and complete examination of all the books and accounts of the city to be made by competent accountants, and shall publish the result of such examination in the manner above provided for publication of statements of quarterly expenditure. Publication of reports of commissioners. Sec. 25. Be it further enacted, That the compensation of the mayor shall be $1,500.00 per annum, payable in equal

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monthly installments. No member of said board of commissioners shall directly or indirectly receive any other or greater compensation than that provided in this Section. Salary of mayor. Sec. 26. Be it further enacted, That the board of commissioners within ten days after its organization shall elect three citizens and freeholders of the city, who shall have been residents of said city for not less than three years, and are not less than thirty years of age, and who shall hold no other official position in said city, as election managers. The term of office of such election managers shall be two years. They shall within ten days thereafter, subscribe in manner and form to the same oath set out in Section 5 of this Act; shall safely keep for two years all lists of voters at elections held by them, and all tally-sheets and ballots showing results of such elections and who also shall hold all elections, whether primary, regular, special or removal municipal elections held under the provisions of this charter, together with such other duties as hereinafter set forth. Election managers. Sec. 27. Be it further enacted, That the board of commissioners shall within sixty days after its first meeting make a contract with a bank or banks making the highest and best bids to pay interest quarterly on the daily balances of the city. Interest on city balances in bank. When said contract has been completed all funds of the city, including special funds, bond proceeds and school monies shall be deposited with said bank or banks and shall remain there until expended, except for reasons of safety or security said funds may be ordered transferred to another depository by the board of commissioners. Said funds shall be withdrawn from said bank or banks on warrants

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drawn by the city clerk, approved by the commissioner of that department on account of which said payment is made and countersigned by the mayor, except in that department supervised by the mayor one of the commissioners shall countersign such warrant. City depositories. In case of sickness or other inability of any commissioner to sign or approve any of said warrants the mayor or other remaining commissioner to be designated by resolution of said commissioners shall sign or approve the same for said sick or disabled commissioner, but said sickness or other disability shall be certified to said bank or banks by the city clerk under the seal of the city of Cartersville. Warrants on depositories. Sec. 28. Be it further enacted, That the mayor or any commissioner of the city of Cartersville, elected under this Act, may be removed from office by the qualified voters of said city. The procedure to effect such removal shall be as follows: Recall, method. A petition signed by the qualified voters, equal in numbers to at least 25 per cent. of the entire vote cast for all candidates for the office of mayor at the last preceding general municipal election, demanding the election of a successor of the person sought to be removed, shall be filed with the election managers and notice given of such filing by publication at least once in one of the newspapers published in said city, which petition shall contain a general statement of the grounds upon which the removal is sought; the signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each paper shall make oath before an officer competent to administer

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oaths that the statements therein made are true as he believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Within fifteen days from the date of filing said petition, said election managers shall examine the same and ascertain whether it is signed by the required number of persons and whether such persons are qualified persons as shown by the registration books and they shall attach to said petition their certificate showing the result of such examination. If by the said certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The election manages shall, within fifteen days after such amendment, make like examination of the amended petition, and if their certificate shall hold the same to be insufficient, it shall be returned to the persons filing the same, without prejudice, however, to the filing of a new petition to the same effect. If by their certificate the petition is shown to be sufficient, the said election managers shall at once order and fix the date for holding the said election, not less than thirty nor more than sixty days from the date of their certificate showing that a sufficient petition is filed. The election managers shall make or cause to be made publication of notice and all arrangements for holding such election and the same shall be conducted, returned and the result thereof declared and the expenses thereof paid in all respects as in other city elections, except that a primary election shall not be required for the nomination of candidates at such removal election. The successor of any officer so removed shall hold office during the unexpired term of predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, the said election managers shall place

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his name on the official ballot without nomination. In such removal election the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days ofter receiving notification of election, the office shall be declared vacant. If the incumbent receives the highest number of votes, he shall remain in office. The said method of removal shall be cumulative and additional to the methods heretofore existing by law. Sec. 29. Be it further enacted, That any proposed ordinance may be submitted to the election managers signed by electors of the city, equal in number of the percentage hereinafter required. The signatures, verification, authentication, inspection, certification, amendment and submission of such petition shall be the same as provided for petitions under Section 28 of this Act. Ordinances, how proposed, submitted and enacted. If the petition accompanying the proposed ordinance be signed by electors equal in number to twenty-five per centum of the votes cast for all candidates for mayor at the last preceding general election and contains a request that the said ordinance be submitted to a vote of the people, if not passed by the board of commissioners, said board of commissioners shall either(a) Pass such ordinance without alteration within twenty days after the attachment of the certificate of the board of election managers to the accompanying petition or (b) Forthwith after the board of election managers shall attach to the petition accompanying said ordinance their certificate of sufficiency, the

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board of election managers shall call a special election unless a general municipal election is fixed within ninety days thereafter, and at such special or general municipal election, if one is so fixed, such ordinance shall be submitted without alteration to the vote of the electors of said city. But if the petition is signed by not less than ten nor more than twenty-five per centum of the electors, as above defined, then the board of commissioners shall within twenty days, pass said ordinance without change, or the same shall be submitted at the next general city election, if the same is held not less than thirty days after the election managers certificate of sufficiency is attached to said petition. The ballots used when voting upon said ordinances shall state the nature of the proposed ordinance and contain these words: For the Ordinance, Against the Ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city, and any ordinance proposed by petition and which shall be adopted by a vote of the people cannot be repealed or amended except by a vote of the people. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this Section; but there shall not be more than one special election in any period of six months for such purpose. The board of commissioners may submit a proposition for the repeal of any such ordinance or for amendments thereto, to be voted upon at any succeeding general city election, and should such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly.

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Whenever any ordinance or proposition is required by this Act to be submitted to the voters of the city at any election, the clerk shall cause such ordinance or proposition to be published once in each of the newspapers published in said city, such publication to be not more than twenty nor less than five days before the submission of the proposition or ordinance to be voted on. Sec. 30. Be it further enacted, That no ordinance passed by the board of commissioners, except when otherwise required by the general laws of the State, or by the provisions of this Act, except an ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency, and is passed by a unanimous vote of the board of commissioners, shall go into effect before seventeen days of the time of its final passage, and if during said seventeen days a petition is signed by electors of the city equal in number to at least ten per centum of the entire vote cast for all candidates for mayor at the last preceding general election at which a mayor was to be elected, protesting against the passage of such ordinance, be presented to the board of commissioners, the same shall thereupon be suspended from going into operation and it shall be the duty of board of commissioners to reconsider such ordinance, and if the same is not entirely repealed, the election managers shall submit the ordinance as is provided by sub-section (b) of Section 29 of this Act, to the vote of the electors of the city, either at the general election, or at a special municipal election to be called for the purpose, and such ordinances shall not go into effect or become operative unless a majority of the qualified voters voting on the same shall vote in favor thereof. Said petition shall be in all respects in accordance

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with the provisions of Section 28, except as to the percentage of signers and be examined and certified by the election managers, in all respects as therein provided. Ordinances adopted by the commissioners. Sec. 31. Be it further enacted, That the registration books containing the names of the qualified voters of city, shall be public records and the city clerk and election managers shall allow examination of said books at all reasonable hours by any person designated and authorized by the board of commissioners to examine said books, for the purpose of ascertaining whether a sufficient number of the names of qualified voters be signed to any petition field in accordance with the provisions of this Act relative to the re-call, initiative and referendum, as herein set forth in Section 28, 29 and 30 of this Act, and any qualified voter desiring to challenge or contravert the allegations of such petition shall also have the right and be permitted to examine said books. Registration books. Sec. 32. Be it further enacted, That on the 4th day of October, 1911, an election shall be held in said city of Cartersville, submitting to the qualified voters thereof the question of the adoption of the provisions of this Act, Said election to be held and managed by the managers of election to be chosen by the board of mayor and aldermen on the first Wednesday in September, and in default of such election by said date the mayor shall appoint such election managers, and in the event of any Justice of the Peace or freeholder so chosen shall fail or decline to serve as such election manager, then, in such event, the mayor shall be and is empowered to fill such vacancy or vacancies. The election managers, so chosen, shall take the oath set forth in Section 5 of this Act. All persons duly qualified

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to vote at elections in said city as now provided by its charter and who shall be lawfully registered therefor, shall be entitled to vote in said election. Those favoring the adoption of this Act shall have written or printed on their ballots For Commission Government, and those opposing shall have written or printed on their ballots Against Commission Government. Should a majority of the votes cast at said election, as declared by the managers, be for commission government, then the provisions of this Act shall be of full force and effect in said city thereafter. If a majority of the votes cast disapproves the Act. it shall not become operative. Election to ratify this Act. Sec. 33. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. CLAXTON, CITY OF, NEW CHARTER. No. 3. An Act to establish a new charter for the city of Claxton, located in the county of Tatnall, State of Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter defined as the corporate limits of said city of Claxton be, and are, incorporated under the name of the city of Claxton, and by that name shall be, and are, hereby invested with all of the rights and powers and privileges incident to like

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municipal corporations in this State. And the said city of Claxton may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and make and enact through its mayor and councilmen such ordinances, rules, resolutions and regulations for the transaction of its business or to preserve the good order and health of said city; to lay off, to open and lay out such new streets in said city as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys, or sidewalks in said city; to lay off, open, close up, curb, pave, drain and bridge when necessary, keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters and to remove all obstructions or nuisance from the same; to regulate and control all taverns and public houses; to establish markets and regulate all butcher pens, livery stables, blacksmith shops, forges, stoves and chimneys in said city and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said city; to regulate or prohibit the running at large on the public streets of said city any hogs, cows, horses, mules, sheep, or other animals; to remove or abate anything that may be deemed by them a public or private nuisance and injurious to health, peace and quiet of the city; and to protect places of public worship; to regulate the keeping of gun powder, gasoline and other combustibles; to provide cemeteries for the burial of the dead, and to regulate interment therein; to make regulations for guarding against fire; to arrange and equip fire companies, to fix and establish fire limits, and from time to time to restrict or enlarge same, and to prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells or other excavations or uninclosed

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premises. And said mayor and council shall have entire control of private drain pipes and sewers, water closets, privy vaults and dry wells in said city with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. And also with power to regulate changes in, or the total discontinuance of any such contrivances of structures already in existence or any that may hereafter be allowed, and to compel the owners of property to convey the water from their lots by keeping open all necessary and sufficient ditches for that purpose, and to provide for the regular building of houses and other structures and for the making of division fences by the owners of adjacent premises. Said city of Claxton shall be capable in law and equity to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of every kind, within or without the limits of said city, for corporate purposes, and to sell and convey, alien, exchange or release the same or any part thereof. Claxton, city of: Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of said city shall be as follows: The boundary shall extend one-half mile north, east and south from the Seaboard Air Line Railway depot and extend to the incorporate limits of the town of Hogan on the west. Corporate limits. Sec. 3. Be it further enacted, That W. F. Freeman be, and he is, hereby appointed by the authority aforesaid, mayor of the city of Claxton, and that D. C. Swindle, J. C. Miller, R. B. Parker, R. R. Tippins and S. O. Edwards be, and they are, hereby appointed councilmen of said city of

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Claxton and that M. H. Glisson be, and he is, hereby appointed Treasurer of said city of Claxton, and that O. R. DeLoach be, and he is, hereby appointed Recorder of said city of Claxton, to hold their offices until the first regular annual election for city officers and their successors in office are elected and qualified as hereinafter prescribed. Mayor and councilmen appointed. Sec. 4. Be it enacted by the authority aforesaid, That this Act shall be the charter of the town of Claxton, and shall become operative when it shall have been approved by the Governor of the State of Georgia. Town of Claxton. Sec. 5. Be it further enacted, That the government of said city shall be and is vested in a mayor and five councilmen, who shall exercise all corporate rights and powers conferred by this Act upon said city of Claxton, and who shall hold their respective offices for one year or until their successors are elected and qualified. Mayor and councilmen, terms of office. Sec. 6. At the first regular meeting in each year of the mayor and council elect they shall elect one of their number mayor pro tem., whose term of office shall be for one year, and if a vacancy occurs it shall be filled by the mayor and council for the unexpired term. Such mayor pro tem. shall have and exercise the right and power of the mayor during his absence from said city, or meetings of the council, or his disqualification. Mayor pro tem. Sec. 7. Be it further enacted, That on the first Thursday in January, 1912, and annually thereafter on the same day, an election shall be held in said city, at the city hall or such other place as may be designated by the mayor and council, for a mayor, five councilmen, a recorder and treasurer. If for any cause an election should fail to be held

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on the date set for the regular annual election, then the mayor and council shall call an election to be held and shall post a notice of same for at least ten days prior to the time set for holding such election in three conspicuous places in said city. In case of a vacancy in mayor's office either by death, resignation, removal, or any other cause the council will at once order an election under like conditions as set out where an election failed to be held. In case of a vacancy in the council or office of recorder or treasurer, the council will fill such vacancy by election from the qualified voters of said city. All elections under this Act shall be held by three citizens who are freeholders and own real estate in said city. Each of such managers shall take and subscribe before some officer qualified to administer oaths or before each other, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God. At all elections the polls shall not be opened before 8 o'clock and closed at 3 o'clock p. m., Standard time. Such elections shall be held under the rules and regulations governing elections for members of the General Assembly of this State, except that only two lists of voters and two tally sheets shall be kept. After the polls have closed the managers shall count the votes, disclose the result and certify the same to the mayor and council, who shall cause the same to be entered on their book of minutes. The managers shall deposit with the mayor all papers pertaining to such election, who shall preserve them unopened for a period of ten days and then destroy them, unless notice of a contest be filed with the mayor. All contests shall be conducted as required by law. Said managers shall receive for their services two dollars each for holding any election

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in said city. All contests shall be conducted as may be prescribed by law or ordinance of said city. Election of mayor and councilmen. Sec. 8. Be it further enacted, That persons qualified to vote at such elections or other elections held under the authority of the mayor and council shall be persons who are qualified to vote for members of the General Assembly, and who shall have bona fide resided in said city six months next preceding the election at which they offer to vote, and who shall have paid all taxes lawfully imposed by said town authorities, including street and business taxes for the year in which the said election is held. Provided , that such persons shall have complied with such registration law as may be adopted by said mayor and council; and said mayor and council are hereby authorized to provide by ordinance for the registration of voters upon such terms as they may prescribe, not inconsistent with the laws of Georgia or of the United States. No person offering to vote at such election whose vote is challenged shall be allowed to vote unless he shall take the following oath, to be administered by any one of the managers: I do solemnly affirm that I am a citizen of Georgia and have attained the age of twenty-one years; that I have resided in the State of Georgia one year and in the city of Claxton six months next preceding this election; that I have paid all the taxes lawfully required of me and which I have had an opportunity to pay agreeably to law, and that I have not voted in this election, so help me God. Any person voting illegally in such election shall be guilty of a misdemeanor, and on conviction therefor shall be punished as is prescribed in the laws of Georgia. Voters. Sec. 9. Be it further enacted, That any citizen of said city of Claxton qualified to vote for mayor and councilmen

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of said city shall be eligible to hold either office except that the mayor must have attained the age of 30 years and each councilman the age of 21 years at the time of his election. Qualifications of mayor and councilmen. Sec. 10. Be it further enacted, That within five days after the election of said mayor and councilmen and before they enter upon the discharge of their official duties, the mayor shall before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability discharge the duties of mayor of the city of Claxton, during my continuance in office, so help me God. And the mayor, after having been thus qualified, shall have the full power and authority to administer a like oath to each member of the council. Official oath. Sec. 11. Be it further enacted, That at their first meeting, or as soon thereafter as practicable, the said mayor and council shall elect the following officers, the majority of votes cast being sufficient in each case to elect, a marshal, and if necessary a deputy marshal, a tax receiver, and a tax collector. The recorder shall be eligible to office of tax receiver and collector. These officers shall receive for their services such compensation as may be fixed by said mayor and council and shall also make good and sufficient bonds for the faithful discharge of their duties; amounts of bonds to be fixed by mayor and council of said city of Claxton and to be approved by the mayor; also they shall be required to take an oath faithfully to discharge the duties of the office to which he has been elected. It shall be the duty of the recorder to attend all meetings of the council and such meetings as are called by the mayor to notify the several councilmen of the call meetings and to keep a fair and regular minute of all of the proceedings

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of the council and to attend all sessions of the mayor's court and perform all other services required of him by the mayor. Municipal officers. Sec. 12. Be it further enacted, That the mayor and council shall meet at such times as they may see fit for the transaction of business. At all meetings the mayor shall preside except in his absence the chairman of the council shall preside, or in the absence of both the mayor and mayor pro tem. four members of council being present, they may select any one of their body to preside. The mayor and three councilmen, or four councilmen, shall constitute a quorum for the transaction of any and all business. The mayor shall have a right to vote whenever there is a tie. He may also vote in all elections for officers whether there is a tie or not. Meetings of council. Sec. 13. Be it further enacted, That said mayor and council have full power to pass all ordinances, by-laws and regulations which they deem necessary for the good government of said city, the protection of the property, peace, good order, health, comfort and convenience of the citizens thereof and to fix suitable penalties for the violation of the same. They may provide for punishing violations of their ordinances, by-laws, or resolutions by fine or imprisonment in the city prison or working on the streets of the said city. The fine in no case to exceed five hundred dollars, the imprisonment not to exceed thirty days, and the sentence to work on the streets not to exceed sixty days. All of the ordinances, by laws, and resolutions, shall be entered on the minutes by the recorder. General welfare. Sec. 14. Be it further enacted, That the mayor and council shall have the superintendance and control of the

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streets, the parks and cemeteries in said city and may prohibit or remove all obstructions of or encroachments thereon, or interference therewith. They are vested with power to open and lay out new streets and alleys, to widen or straighten any of the streets or alleys of said city. If at any time it be deemed advisable by the mayor in opening up or laying out new streets and alleys or straightening streets and alleys to take private property for such public uses they are authorized to do so upon compliance with the laws of Georgia, Sections No. 4657 et seq. , Civil Code of 1895, prescribing the mode of such taking. Such mayor and council shall also have full power and authority to pave or otherwise improve the sidewalks of said city, with whatever material and in whatever manner they may deem proper, and to assess one-half of the cost thereof, including all necessary curbing, on the real estate abutting on the sidewalk so paved or otherwise improved and to enforce the collection thereof; shall have power to issue executions against the owner or owners of said abutting property as city tax executions are issued and to order a levy on and sale of said abutting property. Streets, etc. Sec. 15. Be it further enacted, That the mayor shall be the chief executive of the city of Claxton. He shall see that all laws and ordinances of said city are faithfully executed. He shall have general supervision over the police force of said city and its general interest. He shall have power to examine and audit all accounts against said city not exceeding five dollars, before payment made. All accounts exceeding five dollars shall be audited by mayor and council before payment made. He shall have power to convene council in extra session whenever in his judgment he deems it advisable. He shall be required to convene

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council in extra session whenever petitioned by as many as three members of council. He shall have supervision over the streets and public buildings of said city. Powers of mayor. Sec. 16. Be it further enacted, That the mayor or in his absence the mayor pro tem., shall have full power and authority to hold at such times and places under such rules and regulations as may be prescribed by ordinance or mayor's court for the city of Claxton for the trial of offenders against the laws and ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinances or said city not to exceed five hundred dollars and imprisonment in the city jail not to exceed ninety days or work upon the public streets for a period not to exceed sixty days, or impose both a fine and imprisonment or work upon the public streets if the mayor sees fit to do so for each offense. If any person shall be dissatisfied with any judgment pronounced against him by the mayor, such person shall have the right to appeal to the council at its next regular meeting by giving notice to the mayor at the time the judgment is pronounced, or when the officer goes to execute the same, which notice shall supersede said judgment until the hearing of said appeal; provided , that such appellant shall give bond with good security to be judged of and approved by the mayor, payable to said mayor, his successors in office, conditioned to stand by and abide any judgment rendered in said case, which bond may be forfeited by the mayor or council for non-appearance, and execution issue of the amount adjudged with all costs thereof, such execution to be issued and signed by the recorder of the council and attested in the name of the mayor. Mayor's court.

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Sec. 17. Be it further enacted, That said mayor and council may levy and collect for town purposes and uses a tax not to exceed one dollar on every hundred dollars value of property, real and personal, in said city, that may be taxable under the laws of Georgia. They may also levy an additional tax thereon not to exceed three-fourths of one per cent. per annum for the maintenance of such public schools as may be lawfully established in said city. They shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt that may now exist under old charter of town of Claxton or that may be hereafter created by said city of Claxton in accordance with the condition and laws of the State of Georgia. In all cases the order levying taxes shall be recorded in the minutes of meetings of the mayor and council and shall specify for which of the aforesaid purposes it is levied and how much for each purpose. Taxation. Sec. 18. Be it further enacted, That said mayor and council shall also have power to fix and collect a special license tax upon all kinds of business, calling, profession, or occupation carried on within the limits of said city. They shall have power and authority to tax, license, regulate and control all show houses, livery stables, automobiles, hacks, drays and other vehicles leased for hire, vendue masters, auctioneers, theatrical performances, shows, circuses and exhibitions of all kinds making entrance or admission charges, and all itinerant traders and peddlers except such as are exempt by the laws of Georgia; also any person running a flying jenny or merry-go-round for which a charge is made; also to levy and collect a tax on all billiard or pool tables, ten pin alleys, box-ball alley or

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other game of amusement where a charge for gain is made. They shall have power to fix penalties against any and all persons carrying on any of said occupations without first having obtained such license and paid the required tax therefor. Specific taxes. Sec. 19. Be it further enacted, That the said mayor and council may have power to compel every male inhabitant between the ages of 21 and 50 years to work such length of time on the streets of said city as said mayor and council may direct, not to exceed ten days in each year. Said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, same not to exceed the sum of five dollars for any one year. Said work to be done, or said tax to be paid at such time as said mayor and council may direct. Any person subject to work on said streets, who shall fail to work or pay said tax after being properly notified may be punished as may be prescribed by ordinance of said city of Claxton. Street work or commutation tax. Sec. 20. Be it further enacted, That in all cases when fines, commutation taxes or license fees are not paid when due, the tax collector of said city shall issue executions against the delinquents, which executions shall be directed to the marshal of said city and his deputies, to proceed to levy and collect all such fi fas. as in case of fi fas. issued for State and county taxes. Collections, how made. Sec. 21. Be it further enacted, That said mayor and council shall have no right or power to grant license to sell by retail or otherwise any spirituous, vinous, malt or other intoxicating liquor in said city. They may by suitable

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ordinance punish any person selling such liquors in said city. Sale of intoxicants. Sec. 22. Be it further enacted, That the recorder of said city shall open a book for registration of voters at his office on the 25th day of November in each year, which book shall be kept open until four o'clock p. m. of the 24th day of December thereafter and then close. Registration of voters. Sec. 23. Be it further enacted, That the recorder of said city shall require all persons who may register to take the following oath, to be administered unto him by the recorder. You do solemnly swear that you have attained the age of 21 years or will attain it on or before the next regular election of mayor and council of the city of Claxton; that you have resided in this State for one year last past, and in the city of Claxton for the past six months, and that you have paid all taxes legally imposed and demanded of you by the authorities of the city of Claxton, so help you God. Registration oath. Sec. 24. Be it further enacted, That the recorder shall keep a record of all of the names of all persons so registered and publish the same in alphabetical order by posting such registration list at the city hall five days before the election. Publication of registered voters. Sec. 25. Be it further enacted, That the recorder of said city shall furnish the managers of said election of the city of Claxton with a list of qualified voters (same being a copy of the registration list up to the time of the final closing of the same), and the said managers shall allow no person to vote whose name does not appear on the said list of registered voters. Election.

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Sec. 26. Be it further enacted, That the mayor and council of said city of Claxton be authorized and empowered to call any bond election or special election for any purpose that they may deem necessary and in all such elections the last registration list shall govern as to legal voters at such election. Special elections. Sec. 27. Be it further enacted, That said mayor and council shall have the right to supervise all its tax returns, and when in their opinion any property is returned for less than its true value they shall have the right to increase such return, and when such increase is made the recorder shall notify the person making the return of said increase, whereupon such person may appear before the mayor and council at its next regular meeting thereafter and show cause, if they can, why such increase should not be made. Supervision of tax returns. Sec. 28. Be it further enacted, That it shall be lawful for the marshal, deputy marshal or any special policeman lawfully appointed to arrest without warrant all persons violating the laws and ordinances of said city of Claxton against drunkenness, rioting, fighting or other gross or immoral conduct in the limits of said city, and to confine such person or persons so arrested in the town prison until a hearing can be had before the proper officer. Said marshal or policeman shall have power and authority in making such arrest to call to his assistance the sheriff of Tatnall county, or his deputies, or any constable of said county or any bystanders. Such persons when so summoned shall be bound to aid and assist such officers and should they fail to do so they shall be liable to indictment by the Grand Jury of said county and upon conviction shall be subjected to a fine of not less than one hundred dollars. Arrests.

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Sec. 29. Be it further enacted, That the mayor and councilmen may establish within the corporate limits of said city a system of public schools, and for the purpose shall have power and authority to assess and collect an additional tax of not more than three-fourths of one per centum on all taxable property, both real and personal, within said city for the purpose of support and maintenance of said schools; provided , that public schools may not be maintained or established until the question shall have been submitted to a vote of the qualified voters of the city and as many as two-thirds of the voters thereto. Such question shall be submitted after the same notice and manner as now provided by law for submitting the question of municipal bonds. Said mayor and council shall also have authority and power to issue the bonds of said city for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of lands and the erection of school buildings thereon. Provided , that any debt made or incurred for this purpose shall not be in violation of the Constitution of this State, and if issued shall be in pursuance of, and after an election which shall be held in conformity to said Constitution and the statutes of this State. Upon the establishment of a public school system said mayor and council shall have the power to provide for and elect a board of education of five members, who shall have full power to control same. Public schools. Sec. 30. Be it further enacted, That the State School Commission is hereby authorized to pay to the chairman of the board of education of said city of Claxton, for the use of the schools therein, under such rules and regulations as said board may prescribe the just and full proportion of the common school funds arising from any and all

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sources, belonging to or due said city, to be by said board of education expended in the establishment and maintenance of said public schools in said city of Claxton or may be authorized by the Constitution and laws of this State. Pro rata part of State school fund. Sec. 31. Be it further enacted, That the mayor and council of the city of Claxton be, and they are, hereby empowered to purchase, build and maintain a system of waterworks and electric lights for said city, to hold an election on a day specified as now required by law to determine the question of creating a bonded debt for said purposes, not to exceed in the aggregate the sum of forty thousand ($40,000) dollars. The bonds to be of such denominations as such mayor and council may think best, to be due and payable at any time within thirty years after issued as said mayor and council may determine, and that said bonds when issued shall bear interest at not to exceed six per cent. per annum. To provide at or before the incurring of said indebtedness for the assessment of an annual tax sufficient in amount to pay the principal and interest of said debt as the same falls due, such portion as may be necessary to be set apart as a sinking fund, with which to pay said bonds at their maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under this charter of the said city of Claxton for general purposes. Lights and waterworks. Sec. 32. Be it further enacted, That said bonds herein authorized to be issued shall be sold as hereinafter provided, and the proceeds shall be used for waterworks and electric lights for the city of Claxton. Said bonds shall be executed by the official signatures of the city of Claxton, and having affixed the corporate seal of the city of Claxton. The coupons or interest warrants shall be signed

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by the recorder of the city and each coupon or interest warrant shall shall indicate the bonds to which it belongs. The recorder shall keep a record of the numbers and denominations of all bonds issued in his minute book. Bonds for waterworks and electric lights. Sec. 33. Be it further enacted, That all persons owning or holding any property within the limits of said city on the first day of March in each and every year after the approval of this Act, shall return the same for taxation under oath at any time from the first day of April up to and including the first day in June in each year to the tax receiver of said city. Tax returns. Sec. 34. Be it further enacted, That when said bonds shall fall due and the interest coupons or warrants upon said bonds shall be paid by the recorder of the city by the order of the mayor of said city of Claxton upon presentation at the office of the said city recorder when due or any such agency in the city of Claxton as may be designated by ordinance passed before issuance of said bonds. That the principal of said bonds when they shall become due, and the coupons or interest warrants of the same when they shall become due, shall be receivable by the city of Claxton in the payment of all dues to the city of Claxton, and the said bonds shall not be taxable directly or indirectly by the city of Claxton. Payment of bonds and coupons. Sec. 35. Be it enacted, That as soon as the bonds issued under this Act shall have been signed by the mayor and recorder of the city of Claxton and the corporate seal of said city attached thereto, they shall be kept safely by the mayor and sold by him in the following manner: He shall advertise such bonds for sale to the highest bidder, for thirty days in such newspapers and cities as he may think

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best for bids for said bonds, and said bonds shall be sold to the highest and best bidder; provided , that in no event shall said bonds be sold for less than par. Sale of bonds. Sec. 36. Be it further enacted, That before the bonds herein provided for be issued the assent of two-thirds of the qualified voters of the city of Claxton shall be obtained in the following manner provided by law prescribed in Sections 377, 378, 379 and 380 of the Code of 1895. Election for bonds. Sec. 37. Be it further enacted, That the said mayor and council be, and the same are, hereby authorized to condemn property for the purpose of constructing said waterworks and electric lights, both in and out of said city of Claxton, under the same rules as prescribed for the condemnation of property for public roads in the State of Georgia. Right of condemnation. Sec. 38. Be it further enacted, That the mayor and council shall have full power and authority to enforce the fire limits established by them, and should any erect or cause to be erected within such fire limits any building or other structure contrary to such ordinance such mayor and council after giving five days notice shall cause the same to be removed at the expense of the owners of such buildings or structures to be collected by execution as in other cases, and should the owner of such building fail or refuse to move the same upon proper notice and within five days after being so notified, he or she may be fined in a sum not exceeding fifty dollars ($50.00), or be imprisoned not exceeding thirty days for each and every day they shall fail to regard said notice. And whenever the mayor and council shall exercise the power to lay out and open, to widen, straighten or otherwise change the streets and alleys

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in said city given by this Act, they shall appoint two free-holders, and the owner or owners of the lots fronting on such streets or alleys shall on five days notice appoint two freeholders, who shall proceed to assess the damage sustained or the advantage derived by the owner or owners of said lot or lots in consequence of the opening, widening, straightening or otherwise changing said streets or alleys and in case said assessors cannot agree they shall select a fifth freeholder umpire, the assessors taking an oath that they will faithfully discharge their duties. And either party shall have a right to enter an appeal to the Superior Court of Tatnall county within ten days from the said award, the mayor and council to have authority and power to enforce final award by execution against the owner or owners when the same is found to be advantageous to said owner or owners. Fire limits. Sec. 39. Be it further enacted, That the mayor and council shall have authority to grant a franchise for not more than twenty years to an electric light and waterworks company, or any other person, to use the streets of the town for the operation of an electric light plant or a waterworks system, but in no case are they authorized to grant an exclusive franchise for any purpose. Franchises. Sec. 40. Be it further enacted, That at the first regular meeting in each year or as soon thereafter as possible the mayor and council shall elect a city attorney, who shall be competent and a citizen of the city of Claxton. He shall when requested attend all meetings of the city council. He shall furnish to the mayor or city council or any other city official his legal opinion that relates to the interest of said city, and whenever requested by the mayor or mayor

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pro tem., shall represent the city in mayor's court or any other court where the city's interest may become insolvent. He shall make an annual report to the city council of his official acts and doings and to perform such other duties incident to his office as may be required of him by the mayor and council. City attorney. Sec. 41. Be it further enacted, That the compensation of mayor shall be one hundred dollars per annum, the councilmen twenty dollars per annum, city attorney not to exceed one hundred dollars per annum, and all other officers, employees or servants shall be paid such sums as the mayor and council may fix. Salaries. Sec. 42. Be it further enacted, That all ordinances now on the books of the town of Claxton, not in conflict with this Act are of full force and effect until repealed by the council of the city of Claxton. Existing ordinances. Sec. 43. Be it further enacted, That all ordinances for the government of the city of Claxton shall be introduced in writing at a regular meeting of the city council and referred to the proper committee, who shall report on it at the next regular meeting, when it may be re-read and put upon its passage, except by unanimous consent of council an ordinance may be put upon its second reading and passed at first meeting. All ordinances shall be signed by the mayor and recorder and posted at three conspicuous places in said city at least ten days before becoming effective. Ordinances, how Adopted. Sec. 44. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911.

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CLEVELAND, TOWN OF, INCORPORATED. No. 72. An Act to incorporate the town of Cleveland, in the county of White, State of Georgia, to define its limits, to declare the rights, powers and privileges of said corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Cleveland, in the county of White, be, and the same is, hereby incorporated under the name and style of the town of Cleveland. And by such its corporate name shall have perpetual existence, may sue and be sued, plead and be impleaded in the Courts of this State. It shall also have power to have and use a common seal, and succeed to all the rights incident to such corporation. Cleveland, town of, Incorporated. Sec. 2. Be it further enacted by authority aforesaid, That the corporate limits of said town shall extend one-half of a mile from the court house in said town of Cleveland, the following directions, north, northeast, east, southeast, south, southwest, west and northwest, forming an octagon. Said limits to be plainly marked by stones and lines. Corporate limits. Sec. 3. Be it further enacted by authority aforesaid, That on the second Wednesday in December, 1911, and annually thereafter on the same day, an election shall be held in said town for mayor and four councilmen, who shall hold their office for a term of one year and until their successors are elected and qualified. And no one shall be

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entitled to vote, or be eligible to hold the office of mayor and councilman of said town who does not reside within the corporate limits thereof, and who has not paid all taxes due said town, and who is not a qualified voter to vote for members of the General Assembly of this State. Said election shall be held by the citizens of said town in the same manner as elections for county officers of this State, and a certificate of the managers shall be sufficient authority to the person elected to enter upon the discharge of their duties, which term of office shall commence on the first day of January next after said election. The certificate above referred to shall be received by the clerk of the town council, in a book to be kept for that purpose. Mayor and councilmen, election of. Sec. 4. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties, the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or councilman as the case may be) of the town of Cleveland and enforce the provisions of this charter, and the ordinances made in pursuance thereof, to the best of my ability and understanding; so help me God. Oath of mayor and councilmen. Sec. 5. Be it further enacted by the authority aforesaid, That should the office of mayor or councilman become vacant from any cause, a majority of the councilmen then in office shall order an election to fill such vacancy, giving ten days' notice of such election, at which time a successor shall be elected, and upon taking the oath shall immediately enter upon the discharge of his duties. Vacancies.

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Sec. 6. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to elect a marshal or marshals, also a clerk of council, who shall act as treasurer of said town, and such other officers as may be deemed necessary for the carrying into effect the powers herein conferred upon them. The mayor and each councilman may, when exercising the functions of a justice of the peace as hereinafter provided, charge and collect such fees as justices of the peace are allowed to charge and collect under the laws of this State. Municipal officers. Sec. 7. Be it further enacted by the authority aforesaid, That said mayor and each of said councilmen shall be ex-officio justice of the peace, and shall have full authority to issue warrants for any offense against the State committed within the corporate limits of said town, and shall have authority to compel the attendance of witnesses to examine them under oath, to admit any offender to bail, or commit him to jail for a violation of any of the laws of this State, and to admit to bail or commit to the common jail of said county any person for violations of the ordinances of said town, for such time as may be provided by ordinance. Municipal court. Sec. 8. Be it further enacted by the authority aforesaid, That the clerk of council, to be elected by the mayor and council (who may be any citizen of said town who is qualified to vote in election for members of the General Assembly and who is otherwise qualified) shall be required to act as treasurer of said town, and ex-officio treasurer thereof. That he shall be required to give a bond conditioned to faithfully perform his duties, which bond shall be made payable to the mayor and his successors in office, in such sum as may be prescribed by ordinance. That said treasurer shall be required to keep a book in which he shall enter

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a true and correct account of all monies received, from whom received, and for what purpose. And also a correct account of all money paid out, to whom paid, and for what purpose, and take and enter proper vouchers for the same, and shall make a statement in writing to the mayor and council of the financial condition of the town when called upon to do so, which report shall be made to the mayor and council at their regular meetings, at least once every two months; provided , that said clerk shall expend no monies, except by order of the mayor and council. Clerk and treasurer. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to levy and collect a tax upon all property, both real and personal, within the corporate limits of said town of Cleveland not to exceed three-fourths of one per centum per annum, to levy and collect a specific tax upon all business, occupations or trades, public or private, exercised or carried on within the corporate limits of said town, as may be just and proper, and to tax all shows or exhibitions, and all other business of every description coming within the police power of said town. They shall provide by ordinance for the return for taxation of all property in said town, both real and personal, which return shall include all species of personal property owned by the tax payer, including all monies and solvent debts, all monies deposited in bank or banks, or without this State, which return shall be made to the clerk of council at a time fixed by said council. They shall also provide by ordinance a time for the return of property for taxation to the clerk of council, and also fix a time for the payment of said taxes. Said return of property for taxation shall be made under oath by the tax payer at such time as may be fixed by the mayor and council. Taxation.

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Sec. 10. Be it further enacted by authority aforesaid, That should any tax payer fail or refuse to return his property for taxation to the clerk of council, or should he return the same for less than its market value, the mayor and council may assess such property for taxation at such sum as may seem reasonable and just, and notify the tax payer of such assessment, who shall have the right of appeal to a board of arbitrators, which board shall be selected from the citizens of said town of Cleveland, Ga. The tax payer having the right to select one arbitrator, the mayor and council one, and these two may select a third arbitrator, in the event they fail to agree, who shall decide as to the value of the property in dispute for taxation, and the award so made by the arbitrators shall be final, and from which there shall be no appeal. Assessments for taxation. Sec. 11. Be it further enacted by the authority aforesaid, That upon the failure or refusal of any citizen of said town to pay all the taxes due on demand, it shall be the duty of the clerk of council to issue an execution against said tax defaulter for the amount of said taxes due, directed to the marshal of said town bearing test in the name of the mayor and signed by the said clerk, which execution shall be delivered to the marshal, who shall proceed forthwith to collect the same by levy and sale, which levy if upon real estate shall be advertised and sold as in case of Sheriff's sales, and if upon personal property, it shall be advertised and sold as required by law in case of Constables' sales in this State. Collection of taxes. Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have general supervision over the streets and sidewalks of said town, and are required to keep the same in good repair and see that the

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same are properly worked. They shall have authority to require all persons subject to road duty under the laws of this State to work upon the streets and sidewalks of said town, or they may, in lieu of such work, provide for a commutation tax to be paid. And upon the failure of any person subject to road duty to work upon the streets and sidewalks of said town, or pay the commutation tax, in lieu thereof, they may impose a fine of not more than twenty-five dollars for each offense, or may imprison such defaulter in the common jail of said county for not more than twenty days, or may work such defaulter under guard on the streets of said town for not more than twenty days. They shall have authority to open, clean out, remove obstructions, or close up such street and alleys as may become necessary for the sanitary conditions of said town and for public convenience. They also have authority and power to have said town and the streets thereof cleaned up and kept clean and in good sanitary condition, and shall have the authority to have all closets, stables and lots in said town kept clean and to impose upon the owners thereof such fines for not keeping them clean as may be reasonable and just. They shall also have full and complete authority to lay out and open up new streets in said town. Streets, etc. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and preside at all meetings of council, but shall have no vote upon any question to be decided by council except in case of a tie, when he shall cast the deciding vote. The mayor and council of said town shall have authority to pass all needful ordinances for the protection of property, for the preservation of the peace, the good order and welfare of said town, to preserve the morals, health and safety of the people of said town, and to abate nuisances

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and provide for the punishment of all violations of the ordinances of said town consistent with the laws of this State. The mayor and council shall meet once a month in regular meetings for the transaction of general business, and may have call meetings at such times as they may deem necessary. Said mayor and council may provide such compensation for the payment of any officer selected by them as they may deem just and proper. Powers of mayor. Sec. 14. Be it further enacted by the authority aforesaid, That Geo. S. Kytle is hereby appointed as mayor, and H. A. Jarrard, R. T. Kennier, Alex Davidson and Charles Edwards are hereby appointed to serve as councilmen until the first day of January, 1912, as provided in this Act, when the officers elected shall take charge of the town government, and they are hereby authorized and directed to organize the municipal government of said town, and to hold their office until their successors are elected and qualified as provided in this Act. In case there should be a vacancy for any cause before the expiration of the term created by this Section, said vacancy or vacancies shall be filled by special election called by the remaining officers named in this Section. The officers herein named are hereby authorized to put this Act into full force and effect. Mayor and councilmen Appointed. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have no authority to authorize the sale of any spirituous or malt liquors or intoxicating bitters within the limits of said town; provided, however , that nothing in this Act shall be construed to prohibit the sale of alcohol by regular licensed druggists as now provided by the prohibition law of this State. Sale of intoxicants.

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Sec. 16. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require bond of any officer or other person elected by them to aid in the enforcement of the ordinances of said town, which bond shall be made payable to the mayor and his successors in office in such sum as may be provided by ordinance, conditioned for the faithful performance of their duties pertaining to such offices. Bonds of officers. Sec. 17. Be it further enacted by the authority aforesaid, That should the mayor, or any member of council, or other officer of said town, be guilty of malpractice in office, or gross and wilful neglect of duty, he or they shall be liable to prosecution in the Superior Court of White county, and upon conviction shall be punished as for a misdemeanor and moreover, shall be removed from office. Mayor, councilmen and other officers subject to prosecution. Sec. 18. Be it further enacted by the authority aforesaid, That there shall be a mayor pro tempore of said town of Cleveland, who shall be one of the town council, to be selected by a majority vote of said council, in which selection the mayor shall have a vote. Said mayor pro tempore shall have authority to act in the absence of the mayor of said town, in as full and complete manner as the mayor could act upon all questions arising, or coming before said mayor pro tempore , in the absense of the mayor. Mayor pro tem. Sec. 19. Be it further enacted by the authority aforesaid, That the police court of the town of Cleveland may be held at any place in said town or at any time, except Sunday. It may be held by the mayor or mayor pro tempore , in the absence of the mayor, under such regulations as the town council may adopt. The officer presiding in said police court shall have authority to punish persons

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convicted therein of violating the ordinances of said town by fine not exceeding fifty dollars, by imprisonment in the county jail, or such other place as the town council may provide for a prison, for a term not exceeding fifty days, either or both, and to coerce the payment of fines imposed by imprisonment, or labor on the streets, not to exceed fifty days. Labor on the streets, not exceeding fifty days, may be allowed as an alternative to fine or imprisonment. Contempt in said Court may be punished in like manner. The town council, by ordinance, may suppress cruelty to animals, gaming, the running of blind tigers, lewd and disorderly houses, public indecency, lewdness, obscurity, profanity, vagrancy and all other like things, notwithstanding the acts may also be involved in State offences. Police court, punitive powers. Sec. 20. Be it further enacted by the authority aforesaid, That in case the town council may deem it best and proper, under the circumstances, as they may exist, they may authorize the Sheriff of said White county to act as marshal of said town of Cleveland. Marshal. Sec. 21. Be it further enacted by the authority aforesaid, That any person convicted and fined before the mayor's court may enter an appeal from the judgment of said court to the town council; provided , the appeal be entered in four days after the judgment complained of is imposed (not counting Sundays) when the town council together with the mayor (who shall act in conjunction with the council in cases of appeal) shall hear and determine said case so appealed at its next regular term thereafter, and shall investigate the case de novo . Nevertheless the person appealing shall give a good and sufficient bond, to be judged of by the mayor, for his appearance at the next regular meeting, or in default thereof to be held in the common jail

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of said White county until next regular meeting of council, and the finding of the mayor and council shall be final. Appeals from mayor's court. Sec. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish and maintain a public school for said town, and to levy a tax for the support of the same, and to prescribe who shall attend said school and how it shall be run and the tuition to be paid, and shall have full power to employ teachers to teach the same and the length of time in each year it shall run. Public schools. Sec. 23. Be it further enacted by the authority aforesaid, That this Act shall go into effect in said town of Cleveland immediately upon its passage by the General Assembly and approval by the Governor. Sec. 24. Be it further enacted by the authority aforesaid, That all laws and parts of laws that are in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. CLIMAX, CHARTER AMENDED. No. 55. An Act amending the charter of the town of Climax, and providing for the cost of Court, both mayor's and appeals to council, and by whom paid. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Climax is

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hereby given power and authority to establish a bill of costs, to be assessed by the mayor, in all cases tried before the mayor, where the defendant is convicted and also in all cases tried before the mayor and appeal to the council, where the defendant is convicted in the trial before council; and said mayor and council are authorized to pass an ordinance making such costs such amounts as to said mayor and council may seem reasonable and just. Climax, town of; Costs in mayor's court. Be it further enacted, That all laws and parts of laws, in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. COLQUITT, CHARTER AMENDED. No. 189. An Act to amend an Act approved August the 11th, 1905, entitled An Act to incorporate the city of Colquitt in lieu of the town of Colquitt, to confer additional powers on said corporation, and for other purposes, by amending said Act so as to change the corporate limits on the north from one mile to a half mile, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be amended as follows: By striking out the words one mile on the north whenever it appears, and inserting in lieu thereof the words one-half a mile, so that the Act when amended will read that the corporate limits of said town shall be one-half a mile on the north from the court house. Colquitt, town of: Corporate limts.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. COMER, TOWN OF, CHARTER AMENDED. No. 256. An Act to amend an Act to incorporate the town of Comer, in the county of Madison, approved August 2d, 1905, changing the date of holding election for councilmen, providing for the establishment and maintenance of a chaingang, and giving the council authority and power to condemn personal property or real estate for the purpose of extending or widening streets, sidewalks and alleys in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the third Section of the Act approved December 13, 1893, and the various Acts amendatory thereof, incorporating the town of Comer, in the county of Madison, be, and the same is, hereby amended by striking out the words first Saturday in January, 1894, in the first and second lines of said Section, and inserting in lieu thereof the words second Wednesday in December, 1911, and by striking out the words first Saturday in January, in the eighth line, and inserting in lieu thereof the words second Wednesday in December, so that when said third Section of said Act is so amended, it shall read as follows: Section

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3. Be it further enacted, That on the second Wednesday in December, 1911, there shall be elected five councilmen from the citizens of said town, who are competent under the law to serve as justices of the peace, (and under the election laws controlling the election of justices of the peace), which said councilmen shall hold their office for one year, and until their successors are elected and sworn in; that an election shall be held annually thereafter on the second Wednesday in December, and oftener if necessary to fill vacancies. Comer, town of; Election of councilmen Sec. 2. Be it further enacted by the authority aforesaid, That said council shall have the right and authority to establish a chaingang in said town, provide for the confinement of the prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment, employ guards and convict bosses and generally to provide for the proper government and control of said convicts. The town council shall have the right to lease or hire such convicts as may be confined in the chaingang of said town to the county authorities of Madison, or to any adjoining county, and shall have the right to make such charge for such hire as may be agreed upon; provided, however , that said convicts shall be provided for by said county authorities in the same manner as the county convicts of the county are kept and provided for. Convicts. Sec. 3. Be it further enacted by the authority aforesaid, That the council of said town shall have full and complete control of the streets and sidewalks, alleys and squares of said town, and have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading, or in any way changing the street lines and sidewalks of said

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town, and when the council of said town shall desire to exercise the power and authority granted in this Section, it may be done whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, guardian or agent, in the manner provided by Sections 5206 and 5222 of Volume one of the Code of Georgia of 1910, and the Acts amendatory thereof. The council shall have full power and authority to remove or caused to be removed any buildings, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provisions of this Section by appropriate ordinances. Streets, etc. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. COMMERCE, CITY OF, ACT INCORPORATING AMENDED. No. 58. An Act to amend an Act incorporating the city of Commerce, in the county of Jackson, and prescribing its limits, etc., and providing for the extension of the city of Commerce so as to include Willoughby Park within the corporate limits of said city of Commerce. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of same, That the incorporate limits of the city of Commerce shall be extended on the west side of the Southern Railroad, so as to include within the incorporate limits of the city of Commerce the following territory, to-wit: Beginning at an iron stake at the terminus of the present incorporate limits on the west side of the Southern Railroad and at the intersection of Clayton street and Central Avenue, thence along Central Avenue south forty-five degrees west, one chain and sixty-one links to a red oak, thence south seventy-four degrees west, two chains and ten links to a poplar, thence south seventy-two and one-half degrees west, one chain and seventy-two links to a sweet gum; thence north thirty-four and one-fourth degrees west, nine chains to a red oak on Clayton street; thence along Clayton street north, seventy-two and three-fourths degrees east, three chains and nine links to an iron stake, thence along Clayton street, as follows: South seventy degrees east, forty links, south sixty-five degrees east, seventy-five links, south sixty degrees east, seventy-five links, south fifty-five degrees east, seventy-five links, south fifty degrees east, seventy-five links to an iron stake; thence along Clayton street south, forty-five degrees east, five chains and thirty-one links to the beginning iron stake corner at the intersection of Clayton street and Central Avenue, containing three and ninety-six one-hundredths (3.96) acres, more or less, same being known as Willoughby Park, and having been donated by the heirs at law of Mr. Willoughby Hood, deceased, to the city of Commerce, it being the purpose and intention of this Act to extend the present corporate limits of the city of Commerce so as to include the above mentioned territory within the incorporate limits of said city of Commerce. Commerce, city of; corporate limits.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. CONYERS, CITY OF, CHARTER AMENDED. No. 77. An Act to amend, revise and enlarge the charter of the city of Conyers, in the county of Rockdale, State of Georgia, and the various Acts amendatory thereof, so as to change the mode of electing mayor and aldermen, and their terms of office; to make mayor ex-officio a member of board of education; to provide a city hall; a sanitary tax; for the collection of city tax fi. fas.; financial reports and publishing same; borrowing money for casual deficiencies for improving and paving streets, and assessing two-thirds of cost against abutting property owners; to require railroads to keep in good repair all street crossings; to grant franchises to public utilities and regulate same; to regulate setting of telegraph, telephone, or other poles, laying of sewers and conduits and force removal of same where interfering with streets or private property; to condemn private property for streets or other public necessities; to regulate and prescribe speed of all machines or vehicles propelled by any power other than animals; to enlarge the police powers, so as to provide searches and seizures of intoxicating liquors, when shipped or kept for illegal sale; to enlarge penalties so as to authorize mayor to impose fines not to exceed one hundred and fifty dollars, or imprisonment

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or work in chaingang not to exceed ninety days, or both for violations of ordinances; to provide for the arrest of persons guilty of violating ordinances anywhere in the State outside of the city; to regulate, license or prohibit the use of pool, billiards, or like tables, wheels of fortune, or other devices used for gaming when operated for gain; also, the sale of cigarettes and cigarette papers, and enlarge license tax on shows; to provide a license tax on same; to provide a license tax on all lines of business not stated in present charter; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the charter of the city of Conyers, in the county of Rockdale, State of Georgia, and the various Acts amendatory thereof be, and the same are, hereby amended, revised and enlarged as set forth in the following Section of this Act. Conyers, city of; charter amendments. Sec. 2. Be it further enacted, That at the next ensuing election for mayor and aldermen of said city, on the first Saturday in December, 1911, the mayor and three aldermen shall be elected for two years, and three aldermen for one year, and the mayor shall be elected on the first Saturday in December every two years thereafter, and hold his office for two years, and until his successor is elected and qualified, and the mayor and aldermen hereafter elected in accordance with the provisions of this Section, shall enter upon the discharge of their duties on the first Monday in January next succeeding their election. Elections of mayor and aldermen.

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Sec. 3. Be it further enacted, That all elections for mayor and aldermen under the provisions of this Act, shall be conducted in the same manner, and under the same restrictions, and all vacancies filled as now provided by the amended charter of said city, approved August 21st, 1891, the provisions of the preceding Section having reference only to the term of office of the mayor and aldermen of said city. Elections, how held. Sec. 4. Be it further enacted, That the mayor shall be ex-officio a member of the board of school commissioners of said city, and authorized to participate in all the proceedings of said board and charged with all the duties and obligations required of members of said board of school commissioners. Mayor and school commissioners. Sec. 5. Be it further enacted, That the mayor and aldermen of said city are hereby authorized and empowered to purchase, build or lease a suitable building, conveniently located in said city for the use of the city as a city hall and city offices, for the transaction of the city's business and provide suitable furnishings for same and a fire-proof vault or safe for the protection of the city records; provided , the same can be done without increasing the present tax rate of one dollar per hundred for general city purposes; and provided, further , that in case a purchase is made said authorities may provide for four annual payments to be made for such property and execute notes in the name of the city for the deferred payments, which notes when so executed, shall be binding upon said city. City hall. Sec. 6. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to require by ordinances all occupants of store houses, warehouses,

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shops, hotels, livery stables and residences, or any other lot or place within said city whether owners or tenant whenever in the judgment of said authorities it is necessary for the preservation of health, to remove all garbage excreta and anything of whatever character that may be offensive accumulating on their premises beyond the limits of the city as often as may be necessary for the purpose above mentioned and upon any failure or refusal to do so, the city shall have authority to have the same removed at the expense of such occupants. And any person failing on refusing to comply with the provisions of this Act, or to pay the assessment for removing the garbage from their premises, shall be deemed guilty of disorderly conduct and punished as prescribed in Section 17 of this Act. Sanitation Sec. 7. Be it further enacted, That all executions issued in favor of said city against any person, company or corporation for city taxes shall be directed to the marshal of said city, the Sheriffs, Deputy Sheriffs and lawful Constables of the State of Georgia, and may be entered upon the general execution docket of the Superior Court in any county in the State of Georgia, in accordance with the provisions of Section 3321 of Hopkins' Code of Georgia, Volume one, regulating to executions upon judgments, and when so done, shall create a lien upon all property belonging to the person, company or corporation against whom such executions for city taxes may have been issued, in any county in said State, where such execution may have been entered upon said execution docket, and may be levied and collected by any Sheriff, Deputy Sheriff or lawful Constable of such county, in the same manner as executions for State and county taxes are now collected. Liens for taxes, etc.

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Sec. 8. Be it further enacted, That it shall be the duty of the mayor and councilmen on or before the first Monday in January each and every year, to have made up and published a full and complete statement of the financial condition of the city, showing receipts for past year, of total amounts collected from ad valorem taxes, special license taxes, street taxes, sanitary taxes, sales of cemetery lots, fines and forfeitures and from any and all other sources. Also, total expenditures for schools, streets, offices, health and sanitary, cemeteries, prisoners, litigations, damages, lights, interest and all other expenditures. And also an estimate of the resources and indebtedness of the city at the time of making up the statement and pay for such publications out of the general funds of the city. Publication of financial statements. Sec. 9. Be it further enacted, That the mayor and aldermen of said city shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans, and execute a note or notes therefor in the name of the city of Conyers, as may be provided by special resolution or ordinances for that purpose, to be passed at a meeting of the mayor and aldermen; provided , that the total sum so borrowed in any year shall not exceed one-fifth of one per centum of the assessed value of the taxable property within said city for that year, and provided , that said loans shall always become due and payable and be actually paid in full before December 31st of the year in which borrowed. Temporary loans. Sec. 10. Be it further enacted, That the mayor and aldermen shall have full power and authority, in their discretion, and as hereafter prescribed to grade, pave, macadamize or otherwise improve the public streets of said city as now, or that may hereafter be opened, laid out or

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constructed. In order to make effective the power and authority above given, and to provide funds therefor, said mayor and aldermen shall have full power and authority to assess one-third of the cost of the grading, paving, macadamizing or otherwise improving any roadway or street proper, on the real estate abutting on one side of the street to be so improved. And one-third of the cost on the real estate abutting on the other side of the street or roadway to be so improved, the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost thereof, and any railroad company having a track or tracks running along or across the streets of said city shall be required to pay the cost in full of paving, macadamizing or otherwise improving such street between their said tracks, and two feet on each side thereof, and all assessments for street improvements under the provisions of this Section. Shall create a lien upon the real estate so assessed from the time such assessment was made, and the collection thereof may be enforced by execution to be issued against such real estate and the owner thereof and by levy and sale of such property. Such levy and sale to be conducted in the same manner and form as is provided by the charter of said city for levies and sales under other tax execution; provided , that no assessment for street improvements under this Section shall be made, until a special ordinance has been enacted for that purpose, at a regular meeting, by the mayor and board of aldermen and recorded in ordinance or minute book of said city. Street improvements. Sec. 11. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to require all railroad companies having road beds and tracks within said city, when the same crosses any of the streets thereof, to keep such crossings in good repair and

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free of obstructions in accordance with the provisions of Sections 2673, 2674, 2680, 2681 and 2682 of Volume one of Hopkins' Code of Georgia, which Sections are hereby made applicable to the streets of said city, and included as a part of this Act. Railroad crossings. Sec. 12. Be it further enacted, That in addition to the powers already granted regarding the condemnation of private property, the mayor and aldermen of said city shall have authority to exercise the rights of eminent domain so far as to condemn private property for the purpose of widening, straightening and opening new streets in said city, and for drainage and sewerage, whether in or outside of said city, and for other public necessities, the said right to be exercised in accordance with the provisions of Chapter 9, Articles 1, 2, 3 and 4 of Hopkins' Code of Georgia Volume 1. Power of condemnation. Sec. 13. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to grant franchises to public utilities within said city, and to make all necessary ordinances, rules and regulations regarding the granting and using of the same. Franchises. Sec. 14. Be it further enacted, That the mayor and aldermen of said city shall have the authority and power to regulate by ordinance the speed at which automobiles, motor cycles, motor trucks, railroad engines and trains and any and all other cars, machines or vehicles propelled by steam, electricity, gasoline or other force or power used to propel such machines or vehicles shall be driven over or through the streets, alleys and other public places of said city, and to punish violations of such rules or ordinances as they may enact on this subject, and also to prescribe by

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ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street within said city, and to prescribe penalties for violations of same; provided , such punishment shall not exceed the limit prescribed by the charter of said city. Speed of vehicles. Sec. 15. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to compel any and all public service corporations or other companies, or any other persons operating or doing business in said city to remove and replace and readjust at their own expense, all tracks, poles, conduits, wires and other appurtenances and structures used by them in the prosecution of their business functions, whenever the same may be in the discretion of said mayor and aldermen necessary to carry out any ordinances or plan of the municipal government of the city of Conyers, or to the best interest of the city and its inhabitants or the streets and sidewalks or private property may be effected thereby, and also to prescribe rules and regulations for the setting of poles, structures and conduits and the laying of sewers and tracks within said city, and to enact all necessary ordinances for the enforcement of this Section and prescribe penalties to be imposed in all cases of neglect and refused to comply therewith. Public utilities. Sec. 16. Be it further enacted, That the mayor and aldermen of said city shall have power and authority in the exercise of the police power of said city of Conyers, and in preventing the violation of the prohibition laws of the State and said city, regarding the sale of intoxicating liquors, to enact ordinances authorizing the marshal or any deputy marshal of said city who may have reasonable

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belief or reliable information, or when there is good reason to suspect that any alcoholic, spirituous, malt, vinous or other intoxicating liquors of any kind or description are kept and stored for the purpose of sale in any store house, warehouse, stable, barn, shop, office, place of business, dwelling or other house or place of concealment, to enter and search such place or premises for such intoxicating liquors, and if any such liquors shall be found upon search to capture and seize the same and report such capture to the mayor, and in like manner to capture and seize any such liquors that may be carried about by any person for the purpose of sale, or that may be shipped into said city for the purpose of sale; provided , that in all cases where such liquors have been captured and seized under the provisions of this Act, it shall be the duty of the officers making such seizure to report the same to the mayor who may have evidence as to the ownership of such liquors and whether kept for sale or not, and if it shall appear such liquors were kept for sale, to order the same confiscated and destroyed; but if kept for private or family use, to order same returned to the owner thereof; and provided, further , that any person dissatisfied with the judgment and order of the mayor in disposing of captured liquors, shall have the right of certiorari . Blind tigers. Sec. 17. Be it further enacted, That Section 20 of the Act approved August 21st, 1891, amendatory of the charter of the city of Conyers be, and the same is, hereby amended as follows: By striking out the word fifty in eleventh line of said Section, and inserting in lieu thereof the word one hundred, and by adding the following proviso to said Section, to-wit: Provided , that whenever a fine and imprisonment have both been imposed for any violations as above prescribed and the defendant or violator may have served

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the sentence of imprisonment but failed and refused to pay the fine, an additional sentence of thirty days may be imposed for such failure to pay the fine, so that said Section when amended shall read as follows: Be it further enacted, That said mayor and aldermen shall have full power to pass all ordinances and by-laws for the supervision and punishment of any disorderly conduct in said city, profanity, drunkenness on the street to the disturbance of others, loud and boisterous conversation, loud singing on the street, fast riding and driving thereon, quarreling to the disturbance of the citizens, and to pass all other ordinances and by-laws which they may deem necessary for the preservation of good order, the peace, safety and comfort of the said city and citizens thereof, and enforce by a fine not exceeding one hundred dollars, imprisonment in the calaboose not exceeding thirty days, to work in the work or chaingang on the streets of said city, or such other place that may be designated not to exceed thirty days, and any one or more of these punishments may be ordered or inflicted at the discretion of the mayor, and to punish in like manner all other offenses in violation of the laws and ordinances of said city, and in like manner punishment may be imposed on any one who may have or keep for sale any intoxicating liquors or intoxicating bitters within said city; provided , this does not apply to any druggist or apothecaries; and provided, further , that whenever a fine and imprisonment have both been imposed for any violation, as above prescribed, and the defendant or violator may have served the sentence of imprisonment but failed and refused to pay the fine, an additional sentence of thirty days may be imposed for such failure to pay the fine. Police powers. Sec. 18. Be it further enacted, That it shall be lawful for the marshal or any deputy marshal of said city to arrest

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without a warrant any person or persons within the corporate limits of said city who at the time of said arrest, or before that time has or have been guilty of violating any ordinance of said city, or who such officer has reasonable belief or reliable information has or have been guilty, and to hold such person so arrested until a speedy hearing of the matter before the mayor can be had, and to this end, said arresting officer or officers are authorized to imprison and to confine any person or persons arrested by them in the city prison or in jail of Rockdale county for a reasonable length of time. The marshal or any deputy marshal of said city are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands, charging any person with violating the criminal laws of this State. The marshal or any deputy marshal of said city are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said city, or who may have escaped after sentence has been imposed for such violation; provided , when the arrest is not made within twenty-four hours after the offense is committed or escape is made, said marshal and deputy marshals are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem. or acting mayor. The said marshal or deputy marshals may take bonds for the appearance of any person arrested by them for violation of city ordinances, before the mayor's court for trial; and all such bonds may be forfeited as now provided by the charter and by-laws of said city for forfeiture of bonds. Arrests. Sec. 19. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to impose and require by ordinance a license fee and tax on such terms and in such amount as they shall deem fit,

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not to exceed five hundred dollars on all billiards, pool and other tables of like character used in said city for rent or profit, and on all ten or nine-pin alleys or like tables or contrivances used for the playing of balls or pins for rent or profit, and all circuses and shows of every sort and kind which may exhibit in said city for gain, all sleight of hand and legerdemain performances or shows; all flying horses or jennies; all itinerant candy manufacturers or venders; all auctioneers (except Sheriffs, constables, marshals and venders of citizens' own goods, and those exempt by law); upon all traveling venders of patent or proprietary medicines or other articles of like character, soaps, paper, jewelry, and all contrivances of whatever kind used for the purpose of gaming or carrying on any game of chance by selling cards, tricks, paddles or numbers, or by turning a deal or wheel, or using any article or contrivance or lottery scheme for the sale of goods or other articles for money or gain, or for the purpose of inducing trade, and all slot machines or similar tricks or devices involving lottery or chance used to induce trade, or any and all other machines, devices, tricks, schemes or contrivances involving lottery or chance used for the purpose of profit or gain or to induce trade, and also all dealers in pistols, toy pistols and pistol cartridges, and all dealers in cigarettes and cigarette papers, and any person or persons who shall engage in any of the businesses mentioned in this Section without first paying the tax and license fee as therein embraced, or paying the same on demand for said city, shall be guilty of a misdemeanor, and punished as may be prescribed by ordinance for that purpose, not exceeding the limit of punishment prescribed by this Act, and shall be liable for said tax and license fee as though no punishment had been inflicted, which may be collected by execution or

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otherwise, as may be directed; provided , that said mayor and aldermen shall have authority by ordinance to prohibit and refuse to license any of the business set forth in this Section whenever, in their opinion, such business might tend to corrupt the morals, peace, health and good order of the citizens of said city. Specific taxes. Sec. 20. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority, by ordinance for that purpose, to require and impose an annual or special business or license tax, when doing or seeking to do business in said city upon all local or travel agents or solicitors of any fire, life, health, accident, casualty, fidelity or other insurance or assurance companies of whatever kind or description; also, upon all agents, solicitors or dealers in any mining or other stocks, bonds, city lots or any contracts for loans or schemes of whatever nature; also an occupation tax upon all foreign corporations, companies or persons doing or seeking to do business in said city; also upon all peddlers of any sort of goods, wares or merchandise; also upon all agents, solicitors or dealers in any other lines or kinds of business of whatever character not herein specially mentioned, nor mentioned in the existing charter of said city; also to require all beggars going from house to house and upon the streets of said city begging or asking alms, before engaging in such business to register their names and obtain a permit from the mayor to do so. All persons liable for th especial license and business tax required by this Section failing to register and pay such tax, shall be dealt with as prescribed by Section 23 of the Act approved August 21, 1891, amending the charter of said city, or any ordinance that may be passed to enforce the collection of such tax; provided , that no tax shall be imposed under this Section upon any person or

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business exempt by the laws of the State, nor shall it apply to commercial travelers dealing with merchants or manufacturers, in the regular line of business, nor to persons soliciting subscriptions of stock for any bank, manufacturing, railroad or other companies or corporation of like character. License tax. Sec. 21. Be it further enacted, That all of the Acts heretofore passed relating to the town or city of Conyers, when not in conflict with this Act be, and the same are, continued in force in said city. Existing ordinances. Sec. 22. Be it further enacted, That all Acts and parts of Acts regarding the charter of the city of Conyers, or any amendments thereof, in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1911. CORDELE, CITY OF, NEW CHARTER. No. 305. An Act to create a new charter for the city of Cordele, in the county of Crisp, and to re-incorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof; to continue the same corporate name; to provide that all ordinances, rules, regulations and resolutions of said city now in force and not in conflict with this Act be preserved and continued of force, and remain valid and binding until the same are repealed or amended; to declare

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and constitute the rights and powers of said corporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers and the manner of their election and removal from office; to provide for the retention of office for the present officers of said city until the elections provided for in this charter are held; to provide for the manner and time for all elections in said city; to provide for the qualifications of all electors or voters therein, and for the registration of the same, and the time in which the registration books of said city shall be opened; to provide for recorder's court and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to provide for a city chain-gang and stockade, and the working of prisoners therein and the regulation and management of the same; to provide for a fire department and the officers thereof; also a board of health; and to provide for the proper regulation of the water system of said city, and also for a light commission, and to provide for the proper management of the same; to authorize the mayor and board of aldermen to maintain and operate a system of waterworks and sewers, and electric plant; to authorize the said city to borrow money; to hold elections for issuing bonds, for public purposes and improvements, and other evidences of debt for like purposes; to provide for parks, and create a commission therefor; to regulate cemeteries; to grant and regulate franchises; to provide for streets, avenues, lanes, alleys, sidewalks, crossings and for the laying out, opening, grading, working and paving and curbing the same; to provide for the opening up of all streets and alleys, and the paving and curbing of all streets, avenues and squares and the assessment against the

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abutting property owners for such improvements, and to determine who shall bear the expense of paving certain crossings and squares in said city; and the creation of liens against the owners of the property effected by such improvement; to provide for the proper condemnation of property for public purposes; to abate nuisances; to create and maintain a chamber of commerce; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded debt, and providing the manner in which the money shall be raised and applied; to authorize the assessment and collection of a tax for street work and improvement; to the taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said city; to provide for the maintenance, regulation and supervision of the public schools of said city; to issue bonds from time to time for the enlargement and improvements of the same; to provide for the maintenance of the public library and the regulations of same, and to create a commission of trustees for the same; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for search of the same and the seizure and destruction thereof, and the punishment of offenders; to grant encroachments on the streets; to force the connection of all closets, etc., with sanitary sewers; to provide for a penalty for a failure to do so; and to regulate the manner in which the city shall do such work; and hold and enforce a lien against the owner and the property for such work; to provide for the general policing, and all police

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laws, and the general welfare of the inhabitants of said corporation; to provide for all matters and things necessary and proper or incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Cordele, in the county of Crisp, is hereby incorporated. Its corporate limits shall embrace and include all the territory contained in the boundary of lots of land numbers two hundred and fifteen (215), number two hundred and sixteen (216), two hundred and seventeen (217), two hundred and thirty-two (232), two hundred and thirty-three (233), two hundred and thirty-four (234), the west half of lots of land numbers two hundred and forty-seven (247), two hundred and forty-eight (248), two hundred and forty-nine (249), in the tenth land district of originally Dooly, now Crisp county, Georgia. Cordele, city of: Corporate limits. Sec. 2. The municipal government of the city of Cordele shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and City Council of Cordele, and by such name they shall have perpetual succession, with power and authority to contract and be contracted with; to sue and be sued; to plead and be impleaded; to have and use a common seal; shall be able in law or equity to purchase, have, hold and enjoy, receive, possess and retain to them and their successors in office, for the use and benefit of the city of Cordele, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes. To have and to hold all property now

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belonging to the city either in its own name or the name of others to the use of said city for the purposes and intents for which the same was given, granted, dedicated or purchased; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over the property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidences of indebtedness for the same; to issue bonds from time to time, and to do and perform all and every Act and Acts necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, ordinances or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this State or of the United States. Mayor and aldermen, corporate powers. Sec. 3. All the present officers of said city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. The term of office of the mayor and aldermen shall be two years and until their successors are elected and qualified. Terms of office of mayor and aldermen. Sec. 4. The general election for mayor and aldermen shall be held on the second Wednesday in December of each year as follows: The first election under this charter shall be held the second Wednesday in December, 1911, for the election of three aldermen, as heretofore, to succeed the three whose terms will expire at that time; and on the second Wednesday in December, 1912, an election shall be held to elect a mayor and three aldermen to succeed

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those whose terms will expire at that time; and the said elections shall continue annually in this manner. Elections of mayor and aldermen. Sec. 5. Allpersons who have been bona fide residents of said city for sixty days before the day of election who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authorities of said city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Voters. Sec. 6. Such election shall be conducted under the management of a Justice of the Peace and two freeholders, who are residents of said city and not candidates in said election; or in the absence of a Justice of the Peace, any three freeholders, residents of said city, and not candidates in said election, may manage same. Election managers. Said managers shall conduct said election, as near as practicable, as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock a. m. and closed at five o'clock p. m. At subsequent elections the mayor and council shall appoint the said election managers in accordance with the provisions of this charter. The mayor and council may designate two or more polling places, if occasion should require, and may also appoint three freeholders as managers of the same. Sec. 7. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we are qualified by being freeholders or Justice of the Peace, as the case may be, to

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hold this election; that we will make a just and true return thereof; and not knowingly prohibit any one from voting who is so entitled; that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do, so help us God. Oath of managers. Sec. 8. The affidavit of oath shall be signed by each manager in the capacity in which he acts; said oath shall be subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots and declare the result; and issue certificates of election to the mayor elect and aldermen elect; provided, however , that said certificate of election and the result of said election shall not be issued by the managers until after the expiration of five days from the election. That it shall be the duty of the managers, at any election held under the provisions of this law, after the ballots have been counted and the results have been ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and tally sheets, and carefully seal the same, and deposit the same with the clerk of the Superior Court of the county of Crisp, who shall preserve the same and deliver it only as herein provided. That the certificates thus issued as herein provided for shall be sufficient authority to the person so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. Duties of managers. Sec. 9. The managers of each election shall issue to the newly elected mayor and each of the newly elected aldermen, a like certificate, and shall also certify the result of the election to the acting council, which last certificate

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shall be entered upon the records of said mayor and council. Said managers shall also furnish the city council one of the tally sheets of said election, certified to by them as being correct. Certificates of election. Sec. 10. Be it further enacted, That in the event any one desires to contest any election had in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the said clerk of the Superior Court to produce ballot box and deliver it to the Justice of the Peace, or other officers, who shall be selected to take evidence in said case, or before some other officer who may be designated by law to take testimony in the contest. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest. And whenever he may be required to produce said box and its contents on account of said contested election, he shall be allowed five dollars for such services, to be paid out of the treasury of said city. Contested elections. Sec. 11. Be it further enacted, That in the event any contest for any of said offices is instituted, that the said certificate of election shall not be delivered by the managers of said election until the contest is heard and determined as now required by law in such cases made and provided. And it shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Certificates of election, pending contests. Sec. 12. Be it further enacted, That if the election managers should violate any of the provisions of this Act, they shall jointly and severally be guilty of a misdemeanor,

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and upon conviction be punished as provided in the Penal Code of the State of Georgia. Managers liable to prosecution. Sec. 13. In the event that the office of mayor, or any alderman shall become vacant by death, removal, disqualification, resignation or other cause, the mayor pro tem., or the aldermen if both said offices should be vacant, shall order an election, of which at least ten day's written notice shall be given, by publication in some newspaper published in said city; also by posting the notice at three public places in said city, to fill the vacancy or vacancies; said newly elected persons to fill out unexpired terms only. Vacancy in office of mayor or alderman. Sec. 14. Before entering upon the discharge of their respective offices the mayor and aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor, (or alderman as the case may be), of the city of Cordele, during my continuance in office, according to the best of my ability and understanding, so help me God. Said oath shall be entered upon the records of said city. Oath of mayor and aldermen. Sec. 15. The mayor and aldermen shall elect annually, at the first regular meeting of the city council in January, a mayor pro tem. from the aldermen whose duty it shall be to act in all cases as the mayor in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor; also elect a clerk and treasurer, city marshal or police chief, and also such number of policemen as they may deem best for the protection of the city; and they may also from time to time increase the number of policemen as the growth of the city may require; they shall also have the right to pass such rules and regulations and ordinances for the

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management of the police force as they may deem necessary. Mayor pro tem and other officers. Sec. 16. All of said officers shall hold their offices for one year and until their successors are elected and qualified. Official term Sec. 17. Any of said officers may be removed at any time by a majority vote of the mayor and city council, for neglect of duty, incapacity or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and city council, which are not inconsistent with this Act. The mayor shall have the authority to suspend any police officer temporarily, in his discretion, until the next regular meeting of the mayor and aldermen, when such officer shall be given a trial. Officers removable. Sec. 18. The mayor and city council may also appoint special policemen when, in their judgment, such appointments may be necessary. Such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the mayor and city council may determine; or the city council may by ordinance provide for the appointment by the mayor at a fixed compensation per day, week or month of such special policemen. When such policemen are on duty they shall have the same authority, and be charged with the same duties as prescribed for the regular policemen of the city. Police. Sec. 19. Be it further enacted, That in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal,

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chief of police or any other policeman of said city; but if damages are ever thus sustained they can only be recovered out of the officer or officers whose unlawful and unauthorized conduct may have produced them. Liability of officers for arrests. Sec. 20. Be it further enacted, That the municipal government of said city shall be vested in the mayor and six aldermen, and such other officers as the mayor and aldermen may see fit to elect and appoint as hereinafter provided. That said mayor and aldermen shall constitute the legislative department of said city and as such shall have full power and authority, from time to time, to make and establish rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, air ships, livery stables and sales stables, warehouses, storage houses, hitching places, markets, slaughter houses, butcher pens, public houses, hotels, boarding houses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms and all other places of amusement; garages, shops, mills, factories, ginneries, barber shops, soda fountains, beer saloons, telephone and telegraph companies, gas, water and light and electric companies, power companies, booths, stands, tents, and all and every other matter and thing whatsoever, that may be by them considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restricted to said

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powers alone, shall include all and every other thing and Act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city government by this Act or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers, that are not repealed by this Act. Corporate powers, in whom vested and by whom exercised. Sec. 21. Be it further enacted, That it shall be the duty of the city clerk upon the first Monday in September of each year, to open a registration book, to be kept at the council chamber for the proper registration of the qualified voters of the city of Cordele; said book shall be kept open from eight o'clock a. m. until 12 o'clock m., and from two o'clock p. m. to five o'clock p. m. each and every day (Sundays and legal holidays excepted) until the first Monday in November following, when it shall be finally and absolutely closed. Registration of Voters. Sec. 22. Be it further enacted, That it shall be the duty of the clerk, upon application in person, and not by proxy, of any male person who is qualified to vote for members of the General Assembly, who has paid all taxes of whatever character legally imposed or demanded by the authority of the city, and who upon the day of election, if then a resident, will have resided in said city for sixty days prior thereto, to register the name of such person, recording on said list, besides the applicants name, his age, occupation or business, and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so; nor refuse anyone who is entitled to register; and shall administer to him the following oath: Who may register.

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Sec. 23. You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia for twelve months, in this county for six months, and in this city for sixty days next preceding this registration, or that by the vote of the next city election, if still a resident of this city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of election; that you are twenty-one years old; that you have paid all taxes due the city of Cordele; that you have made all returns required of you by the ordinances of this city; so help us God. Registration oath. Sec. 24. Be it further enacted, That there may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and aldermen for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee shall have the authority to purge said registration list of all illegal voters upon five days written notice to the person or persons who have registered illegally. Appeal from registra. Sec. 25. It shall be the duty of the clerk or registrar to furnish the managers of elections, at or before the opening of the polls on the day of election, with a complete list of all the registered voters, arranged in alphabetical order, certified to under the hand of the clerk or registrar, and the corporate seal of the city. List of voters for managers.

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Sec. 26. Said list shall be kept by the managers before them for their inspection during said election, and they shall not permit anyone to vote whose name does not appear on said list. Use of lists. Sec. 27. Any person voting at any city election who is not qualified to vote, according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction be punished as prescribed for misdemeanor punishment by the Penal Code of the State of Georgia. Illegal voting. Sec. 28. Be it further enacted, That all elections held at any other time than the regular elections, as above provided for, such as for the issuing of bonds by the mayor and aldermen, and in all special elections for any purpose whatever, a special registration book shall be had for such elections, and said registration book shall be opened by the clerk of the said city, for the proper registration of all those who may be entitled to register for a period of thirty days before said special election, but they must be closed finally ten days before the day of election, and the lists made up as above provided for relative to the general election. Special registration for special election. Sec. 29. Be it further enacted, That in all elections in said city, the mayor in conjunction with the chief of police of the city of Cordele and other officers, shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying of any weapons, and to secure to all electors the right to deposit their ballots at the polls without fear of harm or intimidation. No officer of said city or manager of any election precinct shall threaten or intimidate or persuade any elector at such election. Right of voter.

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Sec. 30. Be it further enacted, That no person shall be eligible to hold the office of mayor or alderman in said city unless he be twenty-one years old, a qualified elector of the city of Cordele, and shall have resided in the city for a period of two years immediately preceding his election. Qualifications of mayor and aldermen. Sec. 31. The salaries of all officers of the city of Cordele shall be fixed by the mayor and city council, at the first regular meeting in January of each year, which salary shall not be increased or diminished during the term of office of said officers. Salaries. Sec. 32. Be it further enacted, That the mayor shall be the chief executive officer of the city and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal; approve all bills and vouchers for the payment of money, and shall be closed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of said city. He shall keep the board of aldermen advised from time to time of the general conditions of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He shall preside over the meetings of the Board of Aldermen; and may call them together at any time when deemed necessary by him; he shall also devote all the time necessary to the discharge of the duties of mayor of said city. Powers of mayor. Sec. 33. Be it further enacted, That should the mayor or any member of the board of aldermen be guilty of malpractice in office, or wilful neglect of his office, or abuse of

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the powers conferred upon him, or shall be guilty of any other act or acts or general conduct unbecoming an officer of the city of Cordele, he shall be impeached by the board of aldermen, and upon conviction shall be removed from office. Impeachment. Sec. 34. Be it further enacted, That the police force of said city shall consist of a chief of police, marshal and such other officers and men as the mayor and aldermen may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended at any time by the mayor and aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense, when in their judgment it is best for the good of the service or the interest of the city. The compensation of the officers shall be fixed by the mayor and aldermen. The chief and the other police officers shall preserve the peace of the city, and they shall have power and authority to arrest all persons within said city guilty or charged with violating any of the laws of the State, or any of the rules and ordinances of the city, and all persons committing or attempting to commit any crime against the laws of the State, or ordinances of the city. They shall have power and authority to confine all persons arrested in the city prison or in the common jail of Crisp county, and bring them before the recorder's court for trial or commitment; provided , that all persons not intoxicated, desiring to give bail for their appearance before such recorder's court, in bailable cases, shall be allowed to do so. The mayor and board of aldermen shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of the said police force of the city. Police force.

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Sec. 35. Be it further enacted, That it shall be the duty of the chief of police, upon notice given by the mayor or mayor pro tem., or any member of the board of aldermen to prosecute all offenders against the laws of this State committed within the corporate limits of the city of Cordele. In case any crime is committed in the presence of the chief of police, or come to his knowledge, it shall be his duty to prosecute the same without notice. Chief of police. Sec. 36. Chief of police; bonds; vacancy. Be it further enacted, That the chief of police shall give bond in the sum of one thousand dollars for the faithful performance of his duties as such; or said bond may be increased in the discretion of the mayor and aldermen. Bond of chief of police In the case of death, resignation, removal from office of the chief of police, the mayor and in his absence the mayor pro tem., and in his absence the board of aldermen, shall appoint some person to perform the duties of the chief of police until the next regular meeting of the aldermen, when the mayor and aldermen shall elect a successor for the unexpired term of said chief of police. Vacancy in office of chief. Sec. 37. Be it further enacted, That the clerk and treasurer of the city of Cordele shall give bond in the sum to be fixed for his term of office by the mayor and city council, with good security, conditioned for the faithful performance of his duties as clerk and treasurer of said city, which bond shall be approved by the mayor. He shall also take and subscribe an oath before the mayor that he will to the best of his ability, faithfully perform the duties of his office without favor or partiality. Bond and oath of clerk and treasurer. Sec. 38. Be it further enacted, That it shall be the duty of the city marshal to levy and collect all executions

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for taxes or other money due th city; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and perform such other service as the mayor and aldermen shall by ordinance require. He shall give bond in the sum of one thousand dollars for the faithful discharge of his duties, and shall take and prescribe the same oath of office in the presence of the mayor and aldermen, as is prescribed for the clerk and treasurer; provided , that nothing herein contained shall prevent the mayor and aldermen from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Collection of taxes, etc. Sec. 39. Be it further enacted, that it shall be the duty of the clerk and treasurer to receive and disburse all moneys of the city, upon the proper orders, and he shall make itemized reports of all receipts and disbursements, and submit the same to the mayor and aldermen whenever called upon by them to do so. He shall attend all meetings of the mayor and aldermen, recorder's or mayor's courts, and keep the minutes, books and files of each; attend to the issuance of all licenses, permits; sign and issue all executions and other writs, and processes for the collection of taxes due the city, and perform such other duties as may be required of him by the mayor and aldermen, or required of him by ordinance. He shall also attend all meetings of the board of health of said city, and keep the minutes, books and files of the same. Duties of clerk and treasurer. Sec. 40. Be it further enacted by the authority aforesaid, That the office of city attorney is hereby created and established; and said attorney shall be elected by the mayor and aldermen of said city, and shall hold his office for a

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term of one year and until his successor is elected and qualified. His duties shall be prescribed from time to time by the mayor and aldermen. His salary shall be fixed at the time of his election and annually thereafter when other salaries are fixed. He shall represent the interest of the city in all the courts, and he shall attend the sessions of the mayor and aldermen, and the mayor's or recorder's courts. City attorney. Sec. 41. Be it further enacted, That the mayor and aldermen shall also at the time of the election of the other officers, elect a city physician, whose term of office shall be one year and until his successor is elected and qualified, and whose duties shall be prescribed by the mayor and aldermen and the ordinances of said city. City physician. Sec. 42. Be it further enacted, That in the same manner as above a city sexton and a city engineer shall also be elected, whose duties and salaries shall be fixed by the mayor and aldermen, and prescribed by the ordinances of said city. City sexton and city engineer. Sec. 43. Be it further enacted, That besides the officers already provided for that the mayor and aldermen shall have power and authority to elect or appoint for a full term, or for such time as in their judgment may seem best, such other officers, agents, superintendents, street overseers, draftsmen or other workmen for the proper carrying out of the provisions of this charter, and the proper municipal government of the city of Cordele. Other officers and employees. Sec. 44. Be it further enacted, That no members of any of the boards herein provided for, shall be interested directly or indirectly personally in any contract made with the city, or receive any profit or emolument for any purchase

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or sale of material or other articles sold to the city, or paid for out of the public revenues of the city; and nepotism in any of the boards is expressly forbidden. No officer to be inerested in municipal contract. Sec. 45. Be it further enacted, That the mayor and aldermen shall elect a chief of the fire department, and any other officers and men thereof, whose duties shall be subscribed by said mayor and aldermen, and by the ordinances of the said city; they shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the well being and efficiency of the department. They shall have power to fix all rules and regulations for the general government and management of this department, and fix by ordinance the salaries of the same. The chief members of the fire department shall be elected for one year, but may be removed or suspended as hereinbefore set out for police officers. Fire department. Sec. 46. Be it further enacted, That the mayor and aldermen shall have power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, squares, parks or other places in said city. They shall have power, if necessary, to establish a market in said city, to designate certain streets or places for the conduct of certain businesses; to regulate all butcher pens, slaughter houses, blacksmith shops, tan yards, livery stables, forges, stoves and chimneys, steam mills, steam grist mills, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motor cycles, and other contrivances of like kind; railroad crossings, the moving of trains through the city; the regulation and sanitation of the depots of the city; and to abate or cause the removal of the

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same or any of them in case they become a nuisance or dangerous or injurious to the health of the city. They shall have power to fill up all open cellars, or excavations in said city, or cause the owners to do so, when they shall deem it necessary for the public interests for the same to be done. They shall also have power to condemn and remove, or cause to be removed, all dilapidated or unsafe walls, buildings, fences, chimneys and other things of like character, which they may consider a nuisance, or dangerous to the health or lives of the people of the city; and they may abate, or cause to be removed, anything that works a nuisance, or should become injurious or deleterious to the health of, or endanger the lives of, the people of the city. They shall also have the right to condemn property for public purposes, as provided by the laws of this State. Police powers. Sec. 47. Be it further enacted, That the mayor and aldermen shall have power and authority to protect places of public worship; to provide places for the burial of the dead, and to regulate interments therein. Churches and cemeteries. Sec. 48. Be it further enacted, That the mayor and aldermen shall have power to regulate the keeping of gun powder, gasoline and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits, and from time to time change, enlarge or restrict the same; to provide by regulation and ordinance the kinds of buildings to be erected, the kinds of material and construction, to also have power and authority to grant or refuse permits for all kinds of buildings and other structures to be erected in said city, and to provide by ordinance penalties for any violation of the same. Explosives. Sec. 49. Be it further enacted, That the mayor and aldermen shall have the power and authority to pass all

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such ordinances and regulations for the government of said city, or the suppression of disorderly conduct; the protection of life and property, the maintenance of public peace, and the protection of public health, which are not repugnant to the Constitution and laws of the State, or the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. General welfare. Sec. 50. Be it further enacted, that there may be a board of health for said city to consist of the mayor, city physician, and three citizens of the city, who shall be appointed by the mayor and confirmed by the board of aldermen, and who shall hold office for one year, and until their successors are appointed and qualified; the citizens appointed on said board shall hold no other municipal office during their terms of office. The mayor shall be chairman of said board and shall be entitled to vote therein. The mayor and aldermen shall prescribe by ordinance the proper rules and regulations of said board; shall prescribe their duties, and the times they shall meet; and the aldermen shall fix the salaries of the three citizens, who shall be appointed on said board, but the mayor and city physician shall serve on said board for their regular salaries paid them in their official positions; said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and aldermen for passage such ordinances, rules and regulations for the general health and sanitary betterment of

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the city as they may deem necessary for the good of the city. They shall also have power to inspect foods, milk, fruit, and other things sold in said city, and report to the mayor and aldermen all persons selling any impure articles, and the said mayor and aldermen shall provide by ordinance a penalty for all persons so offending; the said board of health shall look after the general sanitary condition of the city, and shall report any nuisance likely to endanger the health of the city, or in any neighborhood or place, and the mayor and aldermen shall enforce all sanitary rules and regulations, and shall prescribe penalties for violations of the same: shall abate all nuisances, and enforce all ordinances for the general health of the city. Board of health. Sec. 51. Be it further enacted, That the mayor and board of aldermen shall have full power and authority over and absolute control of all pipes, sewers, private drains for filthy water or other substances or fluids in said city; and full power and authority to prescribe their location and structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the kind of water-closets, urinal for other receptacles or drains for water or other fluids or substances to be used within the corporate limits of said city. They shall have power and authority to condemn and destroy any water closet, urinal or other receptacle or drain now in use, or hereafter to be constructed and put in use, which do not conform to and are not of the kind prescribed for use by the ordinances and rules of the city, and which may be detrimental to the health of the city. They shall also have full power and authority to compel all property owners

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to connect water-closets and urinals, or other receptacles or drains, on the premises of the said property owners, with the sanitary sewers of said city under such rules and regulations as may be prescribed; and if such property owner shall fail to connect any water-closet, urinal or other receptacles or drains as aforesaid, within the time and in the manner prescribed, which shall not be less than thirty days, then the city authorities may cause said work to be done, and the connections to be made, and provide all necessary material thereof, and assess the costs of the same against the said property owner and the said property so improved, which shall be a first lien on said real estate, superior to all other liens, except for taxes; and the chief of police or marshal, as the case may be, shall levy the same on the said real estate in the same manner as sheriff's sales under judgment and execution. The officer making said sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriff's deeds under sales made by judgement and execution, and he shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The city authorities shall also have the right, power and authority to arrest and prosecute the owner of such property before the mayor's or recorder's court of the city, for maintaining a nuisance. The city authorities or any agent of the city shall have the right, power and authority to enter and go upon the premises of anyone, after notice, for the purpose of inspecting said closets, urinals, and other drains and pipes, to remove the same whenever condemned and to insert the connections and fixtures necessary to connect the same with the sanitary sewers of the city, without being deemed a trespasser or becoming responsible as such to the owner, or tenant. Drainage and sewerage.

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Sec. 52. Be it further enacted, That all sales of property under execution in favor of said city of Cordele shall be advertised in the official gazette of said city, and such sales shall in all respects be made and conducted in the same manner as sheriff's sales under execution are now made in this State. City sales. Sec. 53. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the streets or alleys on which said lot or lots front; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up if necessary. Also to have the authority to compel property owners to make proper connections of drain pipes to storm sewers and gutters, or other street waterways, and to pass such ordinances regulating the same as they may deem necessary. And whenever the owner of any such property shall refuse, or fail, after reasonable notice to him or his agent, or to the tenant in possession of said premises to comply with the requirements of said mayor and aldermen for a period of twenty days, it shall be lawful for the city authorities to cause the same to be done at the owner's expense; and for the amount so expended, the clerk of the city shall issue an execution against said owner to be collected from said property belonging to him, and a sale under said execution by the marshal shall pass title to the property as fully and completely as a sale by the Sheriff under judgment and execution, and said owner shall also be subject to punishment for maintaining a nuisance. Drainage. Sec. 54. Be it further enacted, That the mayor and aldermen shall have the sole and exclusive power and authority

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to pass any ordinance regulating spirituous liquors, vious, malt or intoxicating liquors or bitters, beer, and near beer, not in conflict with the laws of Georgia or of the United States. Sale of intoxicants. Sec. 55. Be it further enacted, That the mayor and aldermen are hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with the laws of Georgia or of the United States, to prohibit the storage or keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, within the corporate limits of the city of Cordele, and to punish any person or persons for violating the same. Storage of intoxicants. Sec. 56. Be it further enacted, That the mayor, upon the complaint, supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or with intent to illegally sell, or otherwise illegally dispose of the same in a certain described place, within the corporate limits of said city, shall thereupon issue a search warrant, directed to the chief of police and to the policeman of the city, commanding them to enter the suspected place, search for and seize the same if to be found therein. The officer making the seizure shall hold the goods in custody and make return of his actings and doings to the mayor upon said warrant. The chief of police or policeman shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control; and if no one appears to be in immediate control, or custody of the same, then upon the person who appears to have control of the building or other places where the same are found, to appear and defend against

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said warrant and accusation, and a hearing shall be had on the same to determine whether the law has been violated by the storing or the keeping of wine, beer, near beer, malt, alcoholic or intoxicating liquors; and if such question be determined affirmatively, the goods seized as aforesaid shall be destroyed by the city authorities after the lapse of thirty days from the date of the judgment on the warrant, unless steps be taken to have said judgment reviewed by the higher courts. The chief of police or other policemen shall also arrest such person appearing to have said liquors in his custody or control, or appearing to have control of the building or place where the same may be found, and bring him or them before the recorder's court to be tried and punished as the ordinances shall direct. The mayor and aldermen shall prescribe by ordinance all penalties for violations of the laws and ordinances of the city touching this question. Blind tigers. Sec. 57. Be it further enacted, That the mayor and aldermen shall have power and authority to prevent stock from running at large, and to take up and impound any horse, mule, cow, hog, goat, dog or other animal found at large within the corporate limits of said city; and to provide by proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this Section. Stock law. Sec. 58. Be it further enacted, That the mayor and aldermen shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys and lands of the city, upon such terms and in such manner as may be prescribed by ordinance. Street encroachments.

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Sec. 59. Be it further enacted, That the mayor and aldermen shall have power to license all legitimate business in said city and fix the license fees for the same by proper ordinance. They shall have power to license and regulate all hotels, public boarding houses, sleeping apartments, opera houses, theatres, picture shows, bowling alleys, billiard and pool rooms; to license and regulate drays, hacks, wagons, automobiles, and other vehicles used for business purposes; to license, regulate and control all vehicles; to license, regulate and control all livery stables, garages, places of amusement, telegraph and telephone companies, express and railroad companies, mills, ginneries and factories, and all electric, gas and water companies doing business in said city. They shall also have power and authority upon proof of the existence or maintenance of any bawdy house or house of ill fame within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave after three days' notice. License tax. Sec. 60. Be it further enacted, That the mayor and aldermen shall have power and authority to impose and collect a tax on all dogs within the city in such a manner as they may deem best, the same to be provided for by ordinance. Dog tax. Sec. 61. Be it further enacted, That the mayor and aldermen shall have power and authority to license and control all markets and marketing within the city limits, to fix the hours of sale therein, to prohibit the sale of marketable commodities elsewhere within the city limits, or at any other times; and to pass all ordinances, rules and regulations necessary and proper to control and regulate the market and marketing in said city. They shall have full power and authority to establish a city market, to prescribe

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rules and regulations for the government of the same; to rent out stalls and collect therefrom, and to take all steps and do everything necessary and proper to carry out the intention of this Act. They shall have power to prescribe penalties for the violation of the rules and regulations concerning markets and marketing; and any person violating same shall, on trial and conviction before the mayor or recorder, be punished for same. Market places. Sec. 62. Be it further enacted, That the mayor and board of aldermen shall have power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best, for the interest of the city. Said library shall be managed and controlled by a board of trustees to be selected by the mayor and board of aldermen, and to consist of such number citizens as the mayor and aldermen may determine. The trustees shall be elected for a term of one year, and shall be elected by the mayor and aldermen at the first meeting in January, 1912. The sum of money appropriated, as above provided for, together with all other appropriations for the support of the library shall be turned over to and be disbursed by said board of trustees, who shall render a full and accurate statement to the mayor and board of aldermen quarterly, showing how and for what said funds have been expended. The clerk and treasurer shall be the disbursing medium for the board of trustees, keeping a record of same. The mayor and aldermen shall pass such suitable ordinance for the purpose of carrying out the intention of this Section. Public library. Sec. 63. Be it further enacted, That the mayor and aldermen shall have power to license as many auctioneers or vendue masters of the city as they may deem proper,

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and to fix and collect the amount of license fees required of each. They shall have power to license all other occupations or businesses not herein specially provided for, and not otherwise taxed. Auctioneers. Sec. 64. Be it further enacted, That whenever any execution issued by proper authority of said city, for fines, forfeitures, taxes, license, or any other debt or demand due said city shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State; and the said claim shall be returned and tried in the first Justice Court, City Court, or Superior Court having jurisdiction thereof, as the case may be. Collection of taxes, etc. Sec. 65. Be it further enacted, That the mayor and board of aldermen are hereby empowered to establish by ordinance at any time that they may see proper a board of commissioners for its water and light plant that it may own or operate; said board to be known as the water and light commission. Said board when so established shall consist of three members, neither of whom shall be the mayor or any aldermen. They shall be elected for one year, and until their successors are elected and qualified. The manner of election shall be prescribed by ordinance, and they shall be freeholders of the city of Cordele. All vacancies shall be filled by the mayor and aldermen. Said board when so created is hereby vested with full power and authority to maintain, extend, improve, modify and operate the system of waterworks now in operation; and with like power over any light plant that may be owned or operated by the city; to establish, equip, maintain, modify and operate a system of drains and sewers for said

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city; to appoint and employ superintendents and other employees; and to remove the same when necessary; to purchase, rent, and lease real estate, and apparatus and machinery and all other things necessary to properly and successfully conduct said light and water systems, and hold title to the same for the city; to collect, receive and disburse all moneys arising from the same, and to also disburse all moneys arising from the sale of bonds, issued for the extension of the plants, and all revenues derived from said system; to make such by-laws, rules and regulations for their own government and the government of their employees as they may deem necessary not in conflict with this Act. Said board shall make quarterly reports to the mayor and board of aldermen showing the amount of money received, and from what source, and the amount disbursed and to whom and for what purpose, together with vouchers for the same, and shall furnish as nearly as possible an estimate of the amount required for the ensuing year. Said water and light commission shall elect a clerk, and fix his compensation to be approved by the mayor and board of aldermen. The members of said water and light commission shall receive for their services such compensation as the mayor and aldermen shall prescribe, which shall not be increased or diminished during their terms of office. The mayor and board of aldermen shall have authority to pass all ordinances for the successful carrying out of the purposes and intent of this Section, as they may deem proper not in violation of this charter. The mayor and aldermen shall maintain and operate the waterworks system as heretofore until this commission may be created. Water and light commissioners. Sec. 66. Be it further enacted, That the mayor and aldermen shall have power and authority to grant the right to use any street or streets, alley or other passage way in

Page 1021

said city for railroad, street car, telegraph, telephone, gas, water and electric light purposes. In granting such franchises they shall fully and completely guard and protect every present and future interest of said city. And no franchise hereunder shall carry with it any right or power except such as are specifically set forth, enumerated and named therein. Franchises. Sec. 67. Be it further enacted, That there shall be, and is hereby established a court to be known as a recorder's court in and for the city of Cordele, which said court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government of the city of Cordele, and to punish for a violation of the same. Said court shall also have power to enforce its judgments and processes by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance, and also any person who shall counsel or advise aid, encourage or pursuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the mayor of said city, or in his absence, disability or disqualification, by the mayor pro tem. , and in case of the absence, disqualification or disability of the mayor pro tem. , then any member of the board of aldermen who may be designated by the city clerk and treasurer shall act as recorder, and when presiding such person shall be known as the city recorder. Sessions of said court may be held as, in the discretion of the presiding officer, may be necessary to clear the city prison, but shall have regular sessions to be fixed by the mayor and aldermen at such time and place as they deem best. The recorder shall take and subscribe the following oath: I,....., do solemnly swear that when acting as recorder for the recorder's court

Page 1022

of the city of Cordele, I will perform the duties of said office to the best of my ability, without favor or affection to any one, so help me God. Recorder's court. Sec. 68. The recorder of said city shall have power to impose fines and inflict punishment for the violation of any law or ordinance of the city of Cordele, also any law of this State where recorder's courts or municipal courts are given such authority by the State laws. Said recorder is hereby authorized and empowered to try and dispose of any matter that the mayor of Cordele might have under previous existing laws and ordinances while presiding over the mayor's court of said city. Every right or power that the mayor of said city has heretofore had, or may have is hereby delegated to the recorder. Punitive powers and jurisdiction of recorder. Sec. 69. For the violation of the laws and ordinances of said city, the recorder may impose such fines or punishments, as in his discretion, he may think best; provided , no fine shall exceed the sum of five hundred dollars, or the punishment inflicted shall not exceed imprisonment in the guard house for a space of time to exceed sixty days, at labor in the city chaingang for more than six months. If there be no such chaingang, then the recorder is authorized to hire the convicts out to some other chaingang, under the same rules as other convicts are let out or hired out. Said recorder may impose any one or all of above fines or punishments. Said recorder shall have the same power as other judges of this State to punish for contempt officers and others by a fine not to exceed fifty dollars and imprisonment in the city guard house not exceeding ten days, or either or both, in his discretion. He shall to all intents and purposes be a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate

Page 1023

limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the county jail of Crisp county, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Penalties. Sec. 70. Be it further enacted, That in criminal cases, the defendant shall not have the right to appeal to the general council from the decision or judgment of the recorder, except where the fine is the sum of seventy-five dollars or the punishment is for longer time than thirty days imprisonment in the guard house, or four months in the city chaingang, or where a fine and imprisonment are both imposed; but the right of certiorari shall exist in all criminal cases from the judgment of the recorder. Said certiorari shall be obtained in the same manner and under the same conditions as a writ of certiorari is obtained from the judgment of a justice of the peace; provided , that any person convicted in said court, or his attorney, shall give written notice that he intends to apply for a writ of certiorari to the Superior Court of said county, when it shall be the duty of the recorder or other presiding officer to suspend said sentence until said certiorari shall have been heard and finally determined, by the Superior Court, Court of Appeals, or Supreme Court, which ever the case may be. But no person shall be released from custody until he shall have paid the costs, and given a good and sufficient bond and security, to be fixed and approved by the presiding officer of said court for his appearance to carry out and perform said sentence in the event the said conviction is affirmed; said bond to be in form, and operate as other supersedeas bonds in criminal cases. The Judge of the Superior Court who grants the certiorari may hear the

Page 1024

same in term time or vacation, after ten days notice to each party or their attorneys of the time and place of hearing; the recorder being required to certify and send up to the Superior Court a complete and accurate history of the case, as his answer to the petition for certiorari , and the defendant having the right to traverse said answer as provided by law. The mayor and aldermen shall have authority to pass ordinances regulating the costs for appeals and certiorari ; also for the forfeiture of all bonds. Appeals and certiorari from recorder's court. Sec. 71. The clerk and treasurer of the city of Cordele shall be ex-officio clerk and treasurer of the recorder's court, and shall, by himself or deputy, attend all sessions of said court and do and perform all other duties required of him in connection with said court by the mayor and aldermen. Clerk of recorder's court. Sec. 72. The ministerial officers of the recorder's court shall be the marshal and policemen of the city of Cordele, to whom all mesne and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such other duties connected with said court as may be required of them by the recorder. Ministerial officers of court. Sec. 73. Be it further enacted, That the mayor and aldermen of Cordele shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court, also, all other ordinances that they deem necessary to preserve order, suppress crime and immorality or prevent idleness, vagrancy or loitering in said city, not in conflict with the Constitution and laws of the State of Georgia. Powers of council.

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Sec. 74. Be it further enacted, That the mayor and aldermen are hereby given power and authority to elect a recorder to discharge the duties of this office, when they shall deem it necessary, or to the best interest of the city. He shall be elected in the manner prescribed by ordinance, and his salary shall be fixed by the mayor and aldermen. He shall be at least twenty-five years of age, be a resident of the city for two years, and be a qualified voter therein. The mayor of the city shall fill his office, however, as above provided for until the election of a recorded, as provided in this Section. Election, qualifications and salary. Sec. 75. Be it further enacted, That there shall be a city chaingang for said city of Cordele, which is hereby created and established, and shall be put in operation as hereinafter provided. The said chaingang shall be used for working the streets of the city of Cordele, and for doing and performing other public work in and for said city, or for its benefit, and shall be made up of convicts convicted in the recorder's court of Cordele and by employing from the proper authority persons convicted as misdemeanors in other courts of the State. Said chaingang shall be governed by the same rules and regulations as govern other municipal and county chaingangs in this State, unless otherwise provided herein. Chaingang. Sec. 76. The mayor and aldermen of Cordele shall have the power to select a whipping boss for the convicts confined in said chaingang, and fix his compensation and prescribe his duties. No whipping shall be administered to any convict in said chaingang by said whipping boss or other officer or person having them in charge except in cases where the same is reasonably necessary to enforce discipline or compel work or labor by such convict. Whenever

Page 1026

a whipping is administered to a convict it shall be entirely private, but in the presence of at least two responsible citizens; nor shall it be done in a place where the public generally will be attracted. Whipping boss. Sec. 77. Be it further enacted, That the authorities in charge of the chaingang shall have prepared and have published full and complete, reasonable and humane rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers and duties, in all respect, of the superintendent, commissioner, guards, whipping boss or other person connected with the management of convicts as to care, keeping, control, work and discipline of convicts. Control of convicts. Sec. 78. Be it further enacted, That no superintendent, commissioner, guard, whipping boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, keeping, control, work and discipline of convicts who are under the direction of said governing authorities respectively, in accordance with reasonable and humane rules and regulations, adopted as aforesaid. Liability for treatment of convicts. Sec. 79. Be it further enacted, That white and colored convicts shall not be confined together, nor shall they be chained together at any time or place; nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately so far as practicable. Separation of white and colored, male and female convicts. Sec. 80. Be it further enacted, That the whipping boss or other person in charge of said convicts may be discharged

Page 1027

at any time, in the discretion of the city recorder, or by a two-thirds vote of the mayor and aldermen acting together. Whipping boss removable. Sec. 81. Be it further enacted, That the mayor and aldermen of Cordele are hereby authorized to pass all such ordinances, make such rules as will effectually establish, maintain a chaingang in said city. Maintenance of chaingang. Sec. 82. Be it further enacted, That the whipping boss, superintendent, or other person having the convicts in charge, shall keep a book in which he shall record the names of all persons placed in his charge, giving their age, sex, color, time received, time worked, behavior while confined, offense with which they are charged, a record of number of times a convict was whipped and the number of licks given, time of discharge and such other information as may be required of him by the city authorities. Roll of convicts. Sec. 83. Be it further enacted, That the mayor and aldermen shall have power, in their discretion, to hire out and dispose of the convicts convicted in the recorder's court of said city in the same manner, and under the same rules and regulations as the convicts who are convicted in the State Courts in said county, for such length of time as they may see proper to do so, if, in their discretion, it would be better for the city's interest than to maintain a chaingang in said city. Hire of convicts. Sec. 84. Be it further enacted, That the rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the Superior Courts of this State, including the rules of evidence. All officers shall be legal witnesses when not on trial. Practice in recorder's court.

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Sec. 85. Be it further enacted, That all persons put on trial in the recorder's court shall have opportunity to employ council, if they so desire. Counsel for accused. Sec. 86. Be it further enacted, That persons who have worked one or more days in the chaingang and becoming able to pay the fine imposed, shall have the fine reduced according to the number of days worked, and shall be released upon the written authority of the recorder, based on the information of the clerk and treasurer of said city that such fines has been paid. Fines, how paid. Sec. 87. Be it further enacted, That the mayor may commute the punishment inflicted by the recorder, or remit all or a part of the fine imposed, in his sound discretion, which shall not be abused. Commutation of sentence. Sec. 88. Be it further enacted, That the mayor of Cordele shall not be eligible to hold the office of mayor for more than two consecutive terms of two years each. Mayor for only two terms. Sec. 89. Be it further enacted, That the mayor and aldermen of the city of Cordele shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passage ways of said city, and shall have the power to vacate, close up, open, alter, grade, and fill, curb, pave, drain, and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same, and shall also have the power of curbing and paving the whole or any street, avenue, alley, sidewalk, crossing, or other passage ways of the city. They shall also have power to prescribe by ordinance for the curbing, paving of all squares, triangles,

Page 1029

and intersection of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given, and when the work shall be completed; to supervise the construction of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing, and railroad crossings, or other passage way to be paved, in such manner and with such material as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the city, and the other two-thirds by the abutting property owners in just proportion to the foot frontage of said property. The entire expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in just proportion to the foot frontage of their property thereon. Whenever the mayor and board of aldermen shall determine to pave any street, avenue, alley, sidewalk, street crossing and railroad crossings, or other passage ways in said city, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the amount assessed against said property therefor; and the said city shall at once proceed to do said paving, or cause it to be done, and when the same is completed, it shall be the duty of said property owner to pay into the treasury of the city, within twenty days after said work is completed, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the city clerk is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and

Page 1030

said execution shall be levied on said property by the marshal or chief of police, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by Sheriffs. Said marshal or chief of police shall make to the purchaser a good and valid deed thereto conveying title as fully as the Sheriffs of this State are authorized to do at public sales under judgment and execution. The city of Cordele shall have full right to bid on and purchase said property at said sale if it choose to offer the highest bid therefor, whereupon, said deed shall be made to said city, said marshal or chief of police being authorized and empowered to proceed at once to dispossess said owner, and put the purchaser at said sale in possession. Streets, etc. Sec. 90. Be it further enacted, That the mayor and aldermen shall have power and authority to call elections from time to time for the purpose of voting bonds for the purpose of paving any of the streets of said city, in an amount not to exceed one hundred thousand dollars. Sec. 91. Be it further enacted, That the mayor and aldermen of said city are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing Sections relating to paving, as to them may be deemed to the best interest of the city, and which shall not be in conflict with the Constitution and laws of Georgia. Provision for street improvements. Sec. 92. Be it further enacted, That the mayor and aldermen shall have the power and authority, at any time that they may deem necessary, to appoint a park commission, and shall, by proper ordinance, prescribe the manner of election, term of office, duties and salary of the same. Park commission.

Page 1031

Sec. 93. Be it further enacted, That all male residents of said city between the ages of 18 and 50 who have resided in said city thirty days before the first day of March of each year, shall be subject to work the streets of said city, not to exceed ten days in each year, or pay a commutation tax in lieu thereof not to exceed five dollars, as the mayor and aldermen may determine. Should any person liable to work the streets of said city under this Section fail or refuse to do so or to pay the street tax assessed in lieu thereof after having received due notice from the marshal or other police officer so to do, such person may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days under the direction and control of the marshal, or to be fined, or placed in the guard house, in the discretion of the mayor. Street work or commutation tax. Sec. 94. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to levy and collect an ad valorem tax not to exceed one per cent. upon all property, real and personal, within the incorporate limits of the city, which is taxable under the laws of this State; and to provide the manner in which the same shall be collected. Ad valorem tax. Sec. 95. Be it further enacted, That should any person fail or refuse to pay the city tax or license imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinance of said city, the clerk and treasurer shall issue an execution against such delinquent tax payer for the amount due by him to the city, which shall be signed by the clerk and treasurer in his official capacity and bear test in the name of the mayor and city council of Cordele. Executions for taxes. etc.

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Sec. 96. Be it further entitled, That said executions shall bind all the property that said defaulting tax payer owned in said city on the first day of April in the year for which such taxes are due. Said executions shall be directed to and enforced by the marshal or chief of police of said city, who, after levying the same upon the property of such defaulting tax payers shall, if the property levied upon be personal property, advertise the sale by posting a notice in three of the most public places of said city for ten days before the date of sale, and if the property be real estate, he shall advertise the same once a week for four weeks in the official organ of said city, before selling the same. All sales under such executions shall be made by the city marshal or chief of police, before the door of the council chamber, or at such place as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal or chief of police at public outcry, to the highest and best bidder. Where the sale is of personal property, the marshal shall deliver possession thereof to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed, which shall be as effectual in passing title as the deed against whom the execution is issued, and it shall be the duty of such marshal, upon application of the purchaser or his agent, to put said purchaser, or agent, in possession of the real estate sold; provided , the said marshal shall not be authorized to turn out any other person than such delinquent tax payer, his heirs, tenants or assigns, since the lien of the city taxes attached. Enforcement of executions. Sec. 97. The clerk and treasurer shall be entitled to fifty cents for each fi. fa. issued, and the marshal to the same fees for levies as are by law allowed the bailiffs in

Page 1033

this State, and to the same fees for selling as are required and received by Sheriffs for selling property in this State; provided , the mayor and aldermen may by ordinance provide for all such costs to go into the city treasury, and pay the clerk and treasurer and marshal, or chief of police a regular salary for their whole duty to the city. Fees of officers. Sec. 98. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature, and also prescribe when all business and occupation tax and licenses shall be paid to the city. Tax returns. Sec. 99. Be it further enacted, That the mayor and aldermen shall have power and authority each year, if in their discretion they see proper, to appoint three tax assessors whose duty it shall be to value the real estate in said city for taxation and to scrutinize-carefully each return of property, real and personal, by any tax payers of the city, and, if in their judgment they shall find the property embraced in the return, or any portion of it, returned below its proper value, they shall assess the value thereof. Tax assessors. Sec. 100. Be it further enacted, That whenever the assessors shall raise the valuation at which the tax payer has returned his property, they shall give him written notice of their assessment, and it shall be the tax payers privilege, if dissatisfied with the assessment, within ten days after notice to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be selected by him, one by the assessors and the third by those two selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor

Page 1034

and aldermen are also given authority to fix the compensation of the said tax assessors and also pass such ordinance bearing on the question as they may deem proper. Notice to tax payers of assessments and arbitration. Sec. 101. Be it further enacted, That the provisions of this charter may be pleaded and shall be a defense to any action brought against the mayor and city council of Cordele, or either of them, or any act or acts done by them, or either of them, under and in accordance with the provisions and the ordinances passed in pursuance thereof. Charter defenses. Sec. 102. Said mayor and aldermen shall have power and authority to establish a guard house and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the mayor or recorder for violating any of the city laws, or ordinances, or any penal Sections of this charter, and for the safe detention of all disorderly persons, and all persons committing or attempting to commit crimes; and the marshal or any policemen of the city shall have the right to take up all disorderly person or persons, and confine them in the guard house to await their trial. Guard house. Sec. 103. Be it further enacted, That the mayor and aldermen of said city shall have the right to establish and maintain a city stockade for the confinement of all the convicts of the city, and to prescribe suitable rules and regulations for the same, whenever they may deem the same necessary. Stockade. Sec. 104. Be it further enacted, That the mayor and aldermen shall have power, whenever they deem it necessary and to the best interest of the city, to establish a bureau for the commercial and business interests of the

Page 1035

city, to be known as the Cordele Chamber of Commerce, and the said mayor and aldermen may prescribe scope of its work, the duties devolving upon its membership, its officers and appropriate such sums for its maintenance and operation as they may deem proper. Chamber of Commerce. Sec. 105. Be it further enacted, That the mayor and aldermen of said city, or the water and light commission, whenever such may be created, shall have the right to make contracts with persons, firms or corporations residing beyond the city limits to furnish them with light and water, or water, or light, whenever the same can be done without interfering with the efficient service of the city light and water plant to the inhabitants of the city. Water and light beyond corporate limits. Sec. 106. Be it further enacted, That the mayor and aldermen may have the right to employ a competent accountant to examine the books of the officers of the city, relative to the affiars of the city, as often as said mayor and aldermen shall consider necessary. Auditor. Sec. 107. Be it further enacted, That the mayor and aldermen shall have full power and authority to regulate the running of all railroad trains and all street cars within the city limits, and to prescribe the manner in which the same may be run and the rate of speed of the same. Speed of R. R. trains and street cars. Sec. 108. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance therewith, for all public improvements as they may deem necessary; that they may bond for the purpose of enlarging the waterworks and sewer system of the city; to establish a light plant; to

Page 1036

erect a city hall where the public business of the city shall be transacted; to curb and pave the streets, and for such other public improvement they may deem proper; and shall provide how the public debt of the city may be paid, and may constitute such sinking fund for that purpose, if they may deem necessary. Elections for bonds. Sec. 109. Be it further enacted, That the mayor and aldermen of the city of Cordele are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed one-half of one per cent. on the real and personal property in the city of Cordele for the purpose of establishing and maintaining a system of public schools in said city; provided , that the money so raised shall be used for school purposes as hereinafter set forth. School tax. Sec. 110. Be it further enacted, That the mayor and aldermen are authorized and empowered to issue bonds of said city in such sums and at such times as they may see proper, not to exceed in the aggregate the sum of one hundred thousand dollars of the denomination of one thousand dollars each, to become due and payable at such time or times, not exceeding thirty years from the date of the issue thereof, as said mayor and aldermen shall determine, and bear interest not to exceed seven per cent. per annum. Said bonds to be sold, issued and hypothecated for the purpose of purchasing sites, erecting buildings, completing and equipping public school buildings in said city. Municipal bonds. Sec. 111. Be it further enacted, That the mayor and aldermen of said city are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as

Page 1037

they shall become due. This tax shall be separately assessed, levied and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually, for the interest on said bonds. Any money remaining on hand, received and collected under this Act, after the payment of maturing interest coupons and bonds each year, shall be held by the mayor and aldermen as a sinking fund for the payment of the bonds and interest maturing the next year. Payment of bonds and coupons. Sec. 112. Be it further enacted, That said bonds shall be signed by the mayor and clerk of said city and negotiated and sold in such manner and in such sums and at such times as the mayor and board of aldermen may determine for the best interest of said city and the speedy execution of the objects of this Act. Sale of bonds. Sec. 113. Be it further enacted, That the money arising from the sale and disposition of said bonds shall be used by the mayor and aldermen of said city in purchasing sites, erecting buildings and equipping public school buildings in said city, upon the terms and in such locality as the trustees or board of education, appointed as hereinafter designated, may deem best for said city and school. Proceeds of bonds. Sec. 114. The provisions of this Act in relation to the establishment and maintenance of public schools in said city, and issuing bonds in said city, from the proceeds of which to purchase sites, build and equip public school buildings of said city, shall be separate and distinct questions, to be voted on separately at the same or different elections, as the mayor and aldermen in their discretion may order,

Page 1038

and shall not go into effect or become operative until the question of establishing public schools in said city and issuing of said bonds shall have been submitted to a vote of the qualified voters of said city, and approved by a two-thirds vote of the qualified voters of said city, at an election or elections held for that purpose in accordance with the Constitution of this State, which said election or elections shall be held under an order of the mayor, and shall be advertised for thirty days immediately preceding such election or elections at the city hall in said city, and in the official organ of said city. The mayor and aldermen shall provide at the expense of the city the ballots to be used in said election or elections, which said ballots shall have printed on them For Public Schools, and Against Public Schools, and For Bonds and Against Bonds. If the question submitted at said election or elections shall be decided affirmatively in accordance with the terms of this Act, it shall be the duty of the corporate authorities to levy and collect a tax and issue and dispose of the bonds of said city in accordance with the various Sections of this Act in relation thereto. But should the question submitted be decided negatively at such election or elections the effort shall be only to suspend the various Sections of this Act in relation thereto. Public schools and school bonds to be separately voted. Sec. 115. Be it further enacted, That if at any election held in accordance with the provisions of the preceding Section the question or questions submitted and voted on shall be decided against the establishment of said schools, it shall be the duty of the mayor and aldermen of said city, upon the written application of one-third of the qualified voters of said city to order another election, which shall be held as required by the provisions of the preceding Sections. Second election.

Page 1039

Sec. 116. Be it further enacted, That any election held under the provisions of the preceding Sections relating to schools shall be conducted and governed by the same rules and regulations as the elections held for mayor and aldermen of the city of Cordele. Election for schools. how held. Sec. 117. Be it further enacted, That the present board of trustees of the school of said city shall serve out the terms for which they have been elected; but thereafter the said board shall consist of five members to be chosen from the citizens of said city, two of whom shall hold their office for one year, two for two years, and one for three years, from the date of their election. All vacancies occurring in said board by expiration of term of office or otherwise shall be filled by election by the mayor and aldermen. The members of said board of trustees shall be male citizens of Cordele, twenty-one years of age, and of good moral character; provided , that neither the mayor nor the aldermen of said city shall be eligible to membership on said board. School trustees. Sec. 118. Be it further enacted, That said board of trustees shall have authority to establish, and from time to time modify and enlarge a system of public schools for the city of Cordele. Said board shall have authority to purchase sites, erect buildings, rent buildings, purchase appurtenances and furniture for school purposes; employ teachers; to suspend or discharge them for good cause; to prescribe the terms upon which students are to be received in said schools, and to establish such rules, regulations and by-laws as they may deem right and proper in maintaining a system of public schools in said city; provided , that such regulations are not inconsistent with the Constitution and laws of this State. Said board of trustees shall have authority to admit students in said schools who do not come

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within the legal age, but such students upon coming into the school must pay such fees for tuition as said board may determine as proper. Powers of trustees. Sec. 119. Be it further enacted, That the officers of said board of trustees shall consist of a president, a vice-president, and secretary and treasurer. Said officers shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. Officers of school board. Sec. 120. Be it further enacted, That so long as public schools are maintained in the city of Cordele, the State School Commissioner is hereby authorized and required to pay over to the treasurer of said board for the use of the public schools, under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to the city of Cordele, to be by them expended in the establishment and maintenance of the said public schools, as authorized and directed by the Constitution and laws of this State. Pro rata share of State school fund. Sec. 121. Be it further enacted, That it shall be the duty of the mayor and aldermen of the city of Cordele to levy and collect the taxes hereinbefore provided for, and keep a separate account of the same to the credit of the public school fund, which funds shall be subject to the order of said board of trustees for the support and maintenance of the public schools; said taxes shall be collected by levy and sale, as provided by this charter and ordinances of the city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said authorities. School tax.

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Sec. 122. Be it further enacted, That all children whose parents, guardians or natural protectors shall have bona fide residents within the corporate limits of said city for thirty days immediately preceding their application for admission into said schools shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining such schools. Pupils. Sec. 123. Be it further enacted, That said board of trustees shall provide separate schools in which the white and colored children must be taught. Said board is authorized to receive all gifts and donations and appropriate the same to the support and maintenance of the public schools. White and colored schools. Sec. 124. Be it further enacted, That every ordinance and resolution passed by the board of aldermen may be subject to veto by the mayor in the following manner: The mayor within three days write out his objections to such ordinance or resolution, and the board of aldermen at the next regular meeting, at which a quorum shall be present, order said objections on the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as five aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Mayor's veto. Sec. 125. Be it further enacted, That in all elections to determine the issuing of bonds for all public improvements,

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as above provided for in this charter, shall be conducted in the same manner as provided for other elections in said city, and in accordance with the Constitution of this State, which said election shall be held under the order of the mayor and aldermen, and be advertised for thirty days immediately preceding the date of the election, and shall be held at the city hall in said city. The mayor shall provide, at the expense of the city, the ballots to be used in said election, which said ballots shall have printed on them For Public Improvements and Against Public Improvements, and For Bonds and Against Bonds, and if the questions submitted shall be decided in the affirmative, they shall proceed as authorized, and if decided in the negative, then it shall be delayed until some other election, which may be ordered at any time upon the written request of one-third of the qualified voters of the city; provided , that not more than two elections for that purpose shall be held within one year for the same purpose. Special elections, how held. Sec. 126. Be it further enacted, That this Act shall not abolish any of the ordinances now of force in said city, except where they may come in conflict with this charter, but shall preserve and continue the same. Existing ordinances. Sec. 127. Be it further enacted, That all other Acts heretofore approved by the General Assembly relating to the city of Cordele, except such part or parts thereof as may be in conflict with this Act, be, and they are, hereby continued in operation confirmed and consolidated with and made a part of this Act. Existing statutes. Sec. 128. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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COVINGTON, CHARTER AMENDED. No. 113. An Act to amend an Act approved December 11th, 1895, creating a new charter for the city of Covington, Ga., and also to amend an Act approved August 16th, 1907, amending the Act creating a new charter for the city of Covington, and for other purposes. Section 1. Be it enacted, That Section 2 of the Act approved December 11, 1895, creating a new charter for the city of Covington, is hereby repealed, and in lieu of said Section, the following amendment is substituted, to-wit: That the government of said city shall be vested in a mayor and six councilmen, who shall hold their respective offices for two years and until their successors in office are elected and qualified. At the regular election in December, 1911, a mayor shall be elected for two years for said city. Six councilmen shall be elected, three of said councilmen shall be elected for one year, and three for two years, and annually thereafter three councilmen shall be elected and the mayor biennially. At the first regular meeting of the mayor and council in each year they shall elect one of their number mayor pro tem. , whose term of office shall be for one year, and if a vacancy occurs, the same shall be filled for the unexpired term. The salary of the mayor and the salary of each councilmen including the chairman of the electric light and water committee and the chairman of the street committee shall remain as already fixed for each of aforesaid respectively. Covington, city of: Mayor and councilmen. Sec. 2. Be it further enacted, That Section 7 of the Act creating a new charter for the city of Covington shall

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be amended so as to read as follows: That said mayor and council at their first meeting or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, and any citizen of the city may be elected to either of said offices, to-wit: A chief of police, and policeman; a clerk; a treasurer; a tax receiver, and a tax collector, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax receiver and tax collector. The mayor and council shall also fix the compensation to be paid these officers, and may take from them such bonds as they may deem proper, conditioned for the faithful discharge of their respective duties, the amount of said bonds to be fixed by the mayor and council and the bonds to be approved by the mayor. Each of said officers, before entering upon the discharge of his duties, shall give bond, and shall take and subscribe an oath faithfully to discharge the duties of the office to which he has been elected. Elections. etc., of officers. Sec. 3. Be it further enacted, That Section (9) of said Act shall be amended so as to read as follows: That said mayor and council shall have full power to pass all ordinances, by-laws, and resolutions which they may deem necessary to the good government of said city, the protection of the property, peace, good, order, health, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violations of their ordinances, by-laws, or resolutions by fines, imprisonment in the city prison, or working in the chaingang on the streets of said city; the fines in no case to exceed two hundred dollars ($200.00) and the imprisonment in the city prison not to exceed sixty days, and sentence in the chaingang not to exceed four months, and either one or all of said penalties may be imposed at

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the discretion of the court; and said mayor and council is hereby authorized to have any convict or convicts of said city whipped for failure to work on the streets or elsewhere in the chaingang of the city or to enforce proper discipline. The punishment for failure to work, or any other improper conduct upon the part of any convict shall be whipping, which shall always be administered by or under the direction of the police in proportion to the offence, and shall not be excessive. All the ordinances, by-laws, and resolutions passed by the mayor and council shall be entered on the minutes by the clerk. Corporate powers. Sec. 4. Be it further enacted, That Section (10) of said Act shall be amended so as to read as follows: That said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges and alleys, and of the public squares, the parks and cemeteries in said city and may prohibit and remove all obstructions of or encroachments thereon or interference therewith. They are vested with power to open, lay out new streets or alleys, to widen or straighten any of the streets or sidewalks or alleys of the city, and to assess whatever damage any property holder may incur by reason of such widening or straightening which damage shall be paid out of the city treasury. If any such property holder is dissatisfied with the damage so assessed, upon his or her complaint to the board, the question of such damages shall be referred to the arbitrament and award of three arbitrators, one to be selected by the mayor, and one by the property holder, and the third by the other two, and a majority of them may make an award, and either party dissatisfied with such finding may enter an appeal to the Superior Court of said county of Newton by filing with the mayor and council a statement in writing of the case, and the amount of the finding and that

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such party desires to enter an appeal, and the case shall then be transmitted with said statement to the Superior Court of said county where the question of damage shall be tried by a jury. Said mayor and council shall also have full power and authority to pave or otherwise permanently improve the sidewalk of said city with whatever material and in whatever manner they may deem proper and best, and to assess the costs of so paving or otherwise improving the sidewalks on the real estate abutting on the sidewalks so paved, or otherwise improved, including all necessary curbing, and to enforce the collection thereon by execution against the owner or owners of said abutting property as city tax executions are issued and enforced, and to order a levy on and sale of said property for that purpose. Streets. etc. Sec. 5. Be it further enacted, That Section (18) of said Act be and the same is hereby amended so as to read as follows: That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor in the council chamber of said city as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of both the mayor and mayor pro tem. , any three members of the council may hold said court. In holding said court, the mayor or mayor pro tem. may associate with him one or more members of the council. Said court shall have the power to preserve order and compel the attendance of witnesses and punish for contempt by a fine not exceeding fifty dollars ($50.00) or ten days in jail, or sixty days on the streets or other public works of said city for contempt of the mayor's court. Mayor's court. Sec. 6. Be it further enacted by the authority aforesaid, That Section (10) of the Act approved August 16,

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1907, amending the charter of the city of Covington be, and the same is, hereby repealed, and the duty and powers and of the electric light and water board shall be vested in the mayor and council. Light and water board. Sec. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 17, 1911. DALLAS, TOWN OF, NEW CHARTER. No. 285. An Act to create a new charter for the town of Dallas, Georgia, in the county of Paulding, to reincorporate said town, to declare and more fully define the powers and liabilities of said town; to define the corporate limits of said town; to provide for a mayor and aldermen of said town; a board of commissioners to be known as a water, light and sewer commission, and define the duties, powers and rights and liabilities of the same, both officers and commissioners; to provide for their election, appointment and removal from office, for recall and referendum, and provide for the retention of said officers until the expiration of said term of office; to authorize the providing for a system of police for said town; that all rules, ordinances and regulations of said town not in conflict with this Act, remain of force under this Act until amended, set aside or repealed; to provide for streets, alleys and sidewalks, parks, cemeteries and public buildings, for the working of streets, sidewalks,

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parks and cemeteries; to authorize the mayor and aldermen of said town to purchase, receive by donation, establish, maintain and operate a public school system, a system of water works, electric light plant, and a system of sewerage for said town, to issue bonds for the same, according to law, and to assess, levy and collect tax for the purpose of paying the interest on said bonds; and also the principal of said bonds as the law provides; and also for the maintenance and support of said public school system for said town; to exercise the right of eminent domain, condemn private property for public use, providing such compensation be paid, and to provide how and in what manner just compensation may be determined; to hold an annual and all other elections on days as provided by law; to determine the question of creating a debt in said town; the issuing of bonds to provide for the assessment, levy and collections of an ad valorem tax upon all property in said town, for general purposes, and also to obtain the principal and interest on said bonds; to authorize and provide for the taxing of all kinds of business, trades and professions, done, practiced or carried on in said town, and the issuance of license authorizing the same; for the taxing of shows, exhibitions and all entertainments given in said town; and to provide for all other matters necessary for the general welfare of said town and the citizens thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage and approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the town of Dallas, in the county of Paulding, and State of Georgia, be, and they are, hereby

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incorporated under the name and style of the Town of Dallas, and said town of Dallas is hereby chartered and continued a town under the corporate name of the Town of Dallas, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations of this State; all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits now belonging to the town of Dallas, shall be, and are, hereby vested in said town of Dallas, as created and re-incorporated by this Act; the said town of Dallas, as incorporated in the Act, may in its corporate limits sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and aldermen, all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and peace, good order, health, welfare and proper government of said town, as to said mayor and aldermen deem best and consistent with the law. Dallas. town of: Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That said town of Dallas shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate or estates, real or personal, land, tenements and hereditaments of whatever kind within or without the limits of said town for corporate purposes. Said town of Dallas as incorporated by this Act, shall succeed to all the rights of and is hereby expressly made responsible, as a body corporate, for all the legal debts, liabilities and undertaking of the said town of Dallas, as a body corporate as heretofore incorporated. Property rights. Sec. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Dallas, Georgia,

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shall be as follows, to-wit: Commencing at the northwest corner of land lot No. 205, in the 2nd district of the 3rd section of Paulding county, Georgia, thence south along the original land line to a point on said land line one hundred yards south of the Seaboard Air Line Railway, thence eastward parallel with the said Seaboard Air Line Railway on a line one hundred yards south of said railway to a point on the Old Dallas and Villa Rica public road one hundred yards south of said railway, thence northward to the southeast corner of land lot No. 345, thence-north to the northeast corner of land lot No. 201, thence west to the starting point, embracing all territory within said boundary. Corporate limits. Be it further enacted by the authority aforesaid, That all lands embraced within the corporate limits of said town used solely for agricultural purposes shall not be subject to taxation by said town, until surveyed as town lots and improved as town property. Agricultural land. Sec. 4. Be it further enacted, That the town of Dallas, Georgia, shall be and is hereby divided into four wards, namely, 1st, 2nd, 3rd and 4th wards as follows, to-wit: Ward one shall embrace all that territory and part of said town within the following boundaries: Commencing at the northeast corner of that part of the court house square, whereon the court house is now situated, namely at the junction of Cartersville, Main, Acworth and Yorkville streets, thence westward along Yorkville street to the west corporate limits of said town, thence south to the southwest corner of corporate limits of said town, thence eastward to the street of public road south of the Seaboard Railway depot, thence northwest along said street or public road via Marchman's residence to the Southern depot,

Page 1051

thence northwest along Main street to starting point. The second ward shall contain all that territory bounded as follows: Commencing at what is known as Bennett's corner on the corner of Cartersville and Yorkville streets, thence westward along Yorkville street to the west boundary line of the corporate limits of said town, thence north to the northwest corner of said town, thence east to Cartersville street, thence southward along Cartersville street to the starting point. The third ward shall embrace all that territory and part of said town within the following boundary lines: Commencing at the southwest corner of Watson's livery stable on the corner of Main and East Spring street, thence east along East Spring street to the east boundary line of corporate limits of said town, thence northward to the northeast corner of the corporate limits of said town, thence west to Cartersville street, thence southward along Cartersville and Main streets to the starting point. The fourth ward shall embrace all that territory within the following boundary: Commencing at the southwest corner of Watson's livery stable or the corner of Main and East Spring street, thence east along the south boundary line of ward three or along East Spring street to the east boundary line of the corporate limits of said town, thence south to the southeast corner of said corporate limits of said town, thence west to the southeast corner of ward one, thence northward along the east line of ward one to the starting point. Wards. Sec. 5. Be it further enacted by the authority aforesaid, That the government of said town of Dallas shall be vested in a town council composed of a mayor and six aldermen. The present mayor and aldermen of the town of Dallas shall continue of office until the expiration of the term for which they were elected, and until their successors

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and associates shall be qualified, and execute all rights, powers and duties thereby conferred on a town council of the town of Dallas, created by this Act; and all the ordinances, rules and regulations of the old corporation of the town of Dallas not repugnant to this charter are continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the town council of Dallas, and all officers elected or appointed by the mayor and aldermen of the old corporation of the town of Dallas shall continue to hold their offices and to discharge the duties thereof until the expiration of the term for which they were elected or appointed, and until their successors are qualified, unless sooner suspended, removed or discharged by the town authorities of the town of Dallas. Mayor and aldermen now in office and ordinances. Sec. 6. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on the Wednesday in September, 1911, and every two years thereafter, there shall be held an election for mayor and six aldermen for said town of Dallas, under the rules and regulations hereinafter named. The mayor shall be elected for a term to expire December the 31st, 1913, and all subsequent terms for mayor for said town of Dallas shall be for a term of two years and until his successors qualifies. There shall be at said election be elected two aldermen for said town from the town at large, the aldermen so elected from the town at large who receives the highest vote for aldermen at large shall hold for a term to expire December the 31st, 1915; the candidate for aldermen at large receiving the next highest vote shall be declared elected for a term to expire December the 31st, 1913. There shall be elected at said election one alderman from each ward of said town, who must reside in the ward he represents. The aldermen elected from ward one and ward

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three shall be elected for a term to expire December the 31st, 1913. The aldermen elected from two and four shall be elected for a term to expire December the 31st, 1915, and all subsequent term aldermen both from the town at large and from each ward of said town shall be for a term of four years and until their successors qualify. The successors of the above officials shall be elected by ballot by the voters of said town, irrespective of the fact that the aldermen from the ward shall reside in and be eligible for election only from the ward from which they reside, but all elections shall be by ballot and on one general ticket. The mayor and aldermen elected on the first Wednesday in September, 1911, shall meet and organize at twelve noon Saturday, after the first Wednesday in September next, by taking and subscribing the oath of office hereinafter set out and immediately enter upon the duties of their said offices. The mayor and aldermen elected for said town of Dallas at all subsequent elections shall meet on the first Monday in January next after their elections, with the holdover aldermen at the town hall or other usual place of holding council meetings in said town, and there shall severally take, before some officer authorized by law to administer oath, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (as aldermen as the case may be) of the town of Dallas for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town, to the best of my ability, without fear or favor, and in all my actions as mayor (or alderman) act as I believe for the best interest of said town; so help me God. Should the mayor or any alderman be absent from said meeting he or they may take said oath of office as soon thereafter as possible. The mayor and council shall provide by ordinance for regular meetings, not less than one a month and may hold such special

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or call meetings as the business of the town may require, to be convened as provided by ordinances. In the event the office of mayor or any one or more of the aldermen shall become vacant by death, resignation, removal from the town or ward, or otherwise, the mayor and aldermen, in case the mayor's office is vacant, the aldermen, shall order an election for the purpose of filling such vacancy or vacancies, by giving notice, such as may be provided by ordinance and by publication in a newspaper published in said town, the official organ in said county, and such election shall be held, returns made and results declared in the same manner as in regular election for mayor and aldermen as hereinafter prescribed; provided , that in case such vacancy or vacancies occur within sixty days preceding the regular municipal election of the said town, then, in that event, the said vacancy or vacancies may be filled by the mayor and aldermen, or by the mayor pro tem. , in case of vacancy in the mayor's office, any person, so elected as aldermen or the mayor pro tem. , as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of two consecutive months, provided , such failure is not from providential causes, the office may be in the discretion of the council, or the mayor and the remaining members of council, declared by resolutions vacant and the vacancy filled as before provided. Elections of mayor and aldermen. Sec. 7. Be it further enacted by the authority aforesaid, That all of the elections held under the provision of this charter and all elections in which any subject if submitted to the qualified voters of the town of Dallas, shall be superintended and managed by some judicial officer and two clerks, or by two freeholders and one clerk, all of whom

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shall reside in the town of Dallas, and each of said managers, before entering upon his duties, shall take and subscribe before some competent officer, or before one of their number, the following oath: We and each of us do swear that we will faithfully and impartially conduct this day's election according to law. We will permit no one to vote who is not entitled to vote, neither will we allow any one to vote who is not entitled to vote and will prevent all illegal voting, to the best of our skill and power; so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets, which shall be securely sealed up and the names of the managers and clerks written across the seal, the same shall be prescribed by the clerk of the council and kept for twelve months and then destroyed without being opened. All elections shall be held at the town hall or council chamber in said town, and by ballot. The polls shall open at 8 o'clock A. M. and close at 3 P. M. Persons receiving the highest number of votes cast for respective offices shall be by said managers declared elected and the results shall be spread on the minutes of the town council. The managers for all elections held under the provision of this charter shall be chosen by the town council, who shall provide for the pay of the managers and their clerks; provided, however , that if the managers as chosen fail to act, then the mayor or mayor pro tem. shall appoint other managers. So far as possible all the provisions of this charter on the subject of election shall apply to primary elections held in said town. Election managers. Sec. 8. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall provide, by ordinance, for the registration of all voters in said town, for the punishment of illegal rebistration, when said books shall be opened, by whom kept, and when closed. Registration of voters.

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Sec. 9. Be it further enacted by the authority aforesaid, That every male citizen of the town of Dallas, incorporated under this Act, twenty-one years of age, who shall have resided in this State two years next preceding the election, and of twelve months within the corporate limits of the town of Dallas, next preceding the election, and who is entitled to register and vote under the laws of the State of Georgia for representatives in the General Assembly in the State of Georgia, and who is legally registered voter under the laws of said town, and who shall have paid all taxes which may have been required of him by said town, and which he may have had an opportunity to pay agreeable to law, except for the present year, and the payments of all fines, license and business taxes required of him by said town, shall be qualified to vote at any election held in the town of Dallas. Voters. Sec. 10. Be it further enacted by the authority aforesaid, That in case the managers of any election shall have any reasonable doubt as to the qualification of any voter, or should any vote be challenged, they shall administer to said voter the following oath: You do swear that you are a citizen of the State of Georgia, and entitled to register and vote under the laws of the State of Georgia for Representative in the General Assembly of Georgia; that you have attained the age of twenty-one years; that you have resided two years in this State and twelve months in the county of Paulding one year within the corporate limits of Dallas, and have paid all taxes, licenses and fines legally required of you by the said town of Dallas. Oath of voter. Sec. 11. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall prescribe by ordinance for the registration of all voters in

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said town; shall require the clerk for said town to open book for registration of voters, when and where said book shall be kept when opened and when closed. Each voter shall subscribe to the following oath: You do swear that you are twenty-one years old; that you have resided in the State two years and in the town of Dallas, Georgia, one year, next preceding the ensuing election; that you have paid all taxes required of you or that you have had an opportunity to pay, except for the present year; so help you God. Said mayor and aldermen shall have power to and provide for punishment of illegal registration by fine not to exceed one hundred dollars, or thirty days in prison, or labor on streets of said town for 90 days. Registration of voters. Sec. 12. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of mayor or aldermen unless he be a citizen of said town and who shall have resided in the State for two years and in the town twelve months immediately preceding his election, and who is a qualified voter in municipal elections for officers of said town and entitled to register under the registration laws in force in this State. Qualifications of mayor and aldermen. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and mayor pro tem. , while acting as mayor, shall have the right to veto any resolution or ordinances adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reasons therefor, within four days after their action on said measure, and be entered of record on the minutes of the council, and said measure shall not be effective unless passed over said veto by a vote of two-thirds of said town council at first or second regular meeting of said council after said veto and not thereafter; provided, however , that within two

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days after said veto power is exercised, the mayor or mayor pro tem. , as the case may be, shall call a special meeting of council, and if all the aldermen or all save two of the aldermen be present, they may, in their discretion, then and there act on said measure so vetoed. Mayor's veto. Sec. 14. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall act as mayor, or in case of the sickness, absence or disqualification of the mayor pro tem. , any one of the aldermen chosen by the town council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the mayor for the time being. The mayor pro tem. shall be elected by the mayor and council at their first regular meeting, or as soon thereafter as possible. Absence of mayor and mayor pro tem. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and four aldermen shall constitute a quorum for the transaction of any business before the town council at its regular or call meeting, and that a majority of the votes shall determine all questions and elections before the town council. Said town council shall hold regular meetings on the first Monday in each month, and also hold call meetings as may be ordered by the mayor in his absence or sickness by the mayor pro tem. for special purposes, or when requested to do so by a majority of the aldermen. All meetings of the town council shall be public and the public shall be allowed at all times to witness their deliberations, except when the town council resolves itself into executive session, when the public shall be excluded. Quorum of council, meetings. Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of

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Dallas are hereby authorized and empowered to elect for the said town annually, and for the term of two years, unless sooner discharged, a clerk, treasurer, chief of police and as many policemen as they think necessary; town physician, recorder, town attorney and tax assessors, and so many of said officers and such other officers as they may deem necessary and proper, fix their salaries, require them to give bond, prescribe their duties and oath, and suspend or remove them from office, or impose upon them fines at their discretion, and all officers elected or appointed by said mayor and town council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the mayor and town council, at any time they may see fit to make such suspension, removal or dismissal, and no officer so dismissed or removed, no matter whether the time for which he has been appointed or elected has expired or not, salary of said officer so dismissed shall cease. The mayor and aldermen at their discretion may elect or appoint the same person to discharge and perform the duties of more than one office, all such officers shall be elected at the first regular meeting held after the election of said mayor and aldermen, or as soon thereafter as possible. Municipal officers. Sec. 17. Be it further enacted by the authority aforesaid, That the town of Dallas, incorporated under this Act, shall loose none of the powers, rights, benefits or privileges conferred upon the town of Dallas by the Act of the General Assembly approved July the 28, 1883, and the amendments thereto. All of the former charter not in conflict with this Act shall remain in full force and effect. Former charter and amendments. Sec. 18. Be it further enacted by the authority aforesaid, That the Act of creating public schools of Dallas, approved August 16th, 1909, shall remain in full force and

Page 1060

effect as if they were set forth and formed a part of this Act, and are hereby expressly declared to be in full force and effect, as if they were set forth in this Act, and are hereby expressly declared to be and shall continue in full force and effect. Public schools. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Dallas shall have the right and power to grant franchises, easements, and rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said town on such terms and conditions as they may fix; provided , that no franchise shall be granted for a term of more than twenty years, but there shall be nothing in this Act that shall interfere with the town of Dallas, incorporated under this Act, in carrying out the agreements and contracts of the town of Dallas incorporated under this Act in carrying out the agreements and contracts of the town of Dallas incorporated under the Act of the General Assembly approved July 28, 1883, and all Acts amendatory thereto for franchises for telephone and electric light purposes. Franchises. Sec. 20. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of the town of Dallas shall have the full power and authority to establish a fee bill for the officers of said town not higher than the fees allowed for the Justices of Peace and Constables of the State. Said town council shall have power and authority, in their discretion, to allow said fees to the officers of said town or place the same in the treasury of said town and pay the officers of said town a straight salary for their services Fees of officers. Sec. 21. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right and

Page 1061

full power and authority to employ an expert accountant on accounts, to inspect the books of any officer or employee at any time they may see fit to do so, and to pay for the services of such accountant such reasonable and just amount as may seem reasonable and just. Audit of officers' books. Sec. 22. Be it further enacted by the authority aforesaid, That the compensation and salaries of the mayor and aldermen and all other officers, servants and employees of said town shall be such sum as the mayor and council may fix; provided, however , that the mayor's salary shall not exceed two hundred dollars per year, and that of the aldermen shall not exceed the sum of twenty-five dollars per year, but the mayor and aldermen and such other officers as they see fit may be exempt from street tax or street duty. The mayor and town council shall not have the right to increase their own salaries during their term of office, but may increase or decrease the salaries for the mayor and aldermen for the following year; provided , the same must be done sixty days before the election for mayor and aldermen but not thereafter. When said change of salary is not made at the time specified, salaries of mayor and aldermen shall remain the same as it was the preceding year. Salaries. Sec. 23. Be it further enacted by the authority aforesaid, That should the mayor or any member of the council fail, refuse, or neglect to attend any meeting of the council without good and sufficient reason, which must be submitted either in person or in writing, he shall be fined in a sum not to exceed one dollar for each offence, and should the mayor or any alderman fail, refuse or neglect to perform the duties of his office for the term of two months without good and sufficient reasons, or move out of the jurisdictional limits of the town of Dallas, or the ward that he represents, then

Page 1062

the office of such person shall become vacant and shall be so declared by the remaining council by resolution and the office shall be filled as provided in Section 6 of this Act. Neglect of mayor and councilman. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, gasoline or other combustible or explosive substances or materials within the limits of said town, and to regulate the use of lights in stables and shops or other places, or building bond fires; to regulate and prohibit the sale and use of fire works, firecrackers, torpedoes, skyrockets, roman candles, firing of guns, pistols, anvils, and every kind of gaming or hunting within the corporate limits of said town. Explosives, etc. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right and power to exercise authority and supervision over all buildings, repairs on buildings, and the erection or placing of barb-wire fences within the corporate limits of said town; and it is hereby empowered and given the authority to require by ordinance all persons, contractors and builders to obtain from the council a building permit and to provide penalties for failures to comply with this ordinance. Building permits. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have full power and authority to provide by ordinance or ordinances for the mode and manner of contesting elections for mayor and aldermen of said town, or other elections in said town, how

Page 1063

and by whom heard and by what means and practice said contest shall be moved from one court to another and may provide any and all necessary rules and ordinances for a fair investigation of any contest which is not inconsistent with the Constitution of this State. Contested elections. Sec. 27. Be it further enacted by the authority aforesaid, That the mayor and town council are hereby invested with the power to establish fire limits in said town and to prohibit the erection of any wooden buildings or structure as will in the opinion of said mayor and town council, increase the fire risk in such part or parts of the town of Dallas as they may designate as fire limits and may change and enlarge fire limits when deemed necessary and may exercise and use such supervision over the construction of houses and material used therein and the erection of awnings and sheds, of stove pipes, chimneys and flues, as may be necessary to guard against conflagrations and may require buildings or construction permit, which permit shall specify the material to be used and the manner of its use in such erection and repairs of said building or structure; said town council shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards and other places in said town where material of any inflammable nature are stored, and the using of fire about cotton compresses, cotton gins, cotton warehouses, cotton yards or other places where it is stored or kept or may be placed; said mayor and town council shall have the power and authority to remove any forgesmith shop or structure within the town whenever in their discretion they shall deem it necessary for their protection against fire to be removed or remedied as their prudence shall dictate, and they may summarily declare such to be dangerous without notice to anyone and to remove the same instantly and

Page 1064

whenever it shall appear to them that unsound or unsafe houses, buildings or structures of any sort are dangerous to pedestrians or persons passing, or is endangering the health of said town or any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it by a resolution or ordinance and may cause it to be torn down by the policeman or marshal of said town, and whenever in their opinion it is necessary to burn any property, clothing, or whatever else to prevent the introduction or spread of infectious diseases, they may with the advice and help of the health officer, and the board of health, if there be such officers, and if not, then without such advice, and council to do so instantly; and the policeman or marshal, or such others as are directed shall obey such orders; and in all such cases they not be liable to answer therefor in any court having jurisdiction, except of gross neglect and extreme want of care, coupled with malice and without any probable cause to suspect such action were not for the public good, and every presumption shall be in favor of such act having been lawful when done: provided , whenever any property shall have been destroyed under the provisions of this Section, the town of Dallas in its corporate capacity shall be liable to the owner thereof for the actual cost value thereof, but shall not be liable for any prospective profit or speculative damage connected therewith. Fire limits. Sec. 28. Be it further enacted by the authority aforesaid, That it shall be the duty of the town clerk to collect and keep, subject to the direction of the town council, all money due and belonging to the town, except as hereinafter otherwise provided, to be the custodian of the books and records of the town, to attend and preserve a minute of all the acts and doings of each meeting of the town council, to

Page 1065

be ex-officio clerk of the police court of said town, and to perform all other duties usually required of the clerk of a court of like character, to be ex-officio clerk of the board of health of the town, and to perform such other duties as are required of him by this Act, and which may be required of him from time to time by the town council. Before entering upon the duties of his office the town clerk shall execute such bond with good security which may be in an approved security company, (the premiums to be paid by the town), conditioned upon the faithful discharge of his duties, in such sum as may be required of him by the town council. He shall make quarterly reports to the town council of all receipts and disbursements in detail, and each report shall be posted in the town at such places as may be designated by the town council. He shall also make the town council an annual report showing the gross amounts collected from each source and the gross amounts expended on each department; all of these reports to be spread on the minutes of the council. Clerk, duties of. Sec. 29. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received and of all sums of money paid out, when, and to whom and for what purpose, and shall give a receipt for all sums of money received by him, and shall take a receipt for all sums of money paid out by him, which books and receipts shall at all times be subject to inspection of any citizen of said town; and all sums of money paid into the hands of the treasurer by the provision of this Act shall be and the same are hereby directed to be a fund for the exclusive use of the said town. The duties of the treasurer are such as usually done by such town officers or which may be required of him by ordinances of said town in this

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Section. Before entering upon his duties, he shall take an oath before some authorized officer, by law to administer oaths, to faithfully and honestly discharge the duties of his office and shall execute such bond and in such sum as may be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall also make general and special reports in the manner and at the time when called upon by the mayor and town council to do so. The office of the town clerk and town treasurer may be consolidated in, and at the discretion of the town council. Duties of treasurer. Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority to care for and make any and all necessary repairs to the cemetery of said town to increase or enlarge the same and to buy or purchase and improve new cemeteries as they may in their discretion see fit and proper, whether the same is within or without the town limits, they shall have the power to regulate and provide for the burial of the dead therein and may sell and grant by deed to persons who wish to purchase any vacant or unoccupied lot or lots in said cemetery for burial purposes. They shall have full power and authority to employ a manager, sexton or any other employee for the same and for whatever else they may deem best to preserve, protect and beautify said burial places. Cemetery. Sec. 31. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to elect a health office,r sanitary inspector, and such other officers as they may think right and proper, and whose terms of office shall be one year, or such time as the town council shall prescribe, and whose duty and compensation shall be prescribed and regulated by rules, regulations

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and ordinances of said town council. The said mayor and town council shall also have power and authority at any regular or call meeting to elect a board of health, to consist of three members, for such term as the town council shall prescribe, and at such salaries as they think right and proper. The members of the said board of health shall be twenty-one years of age or over, bona fide residents of said town, and shall take such oath as may be prescribed and required of them by said town council. Said town council shall define, declare and regulate by ordinances and resolutions the duties and powers of said board of health, not inconsistent with the laws of the said State of Georgia. Health officers. Sec. 32. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority to establish a system of quarantine and to make such sanitary regulations within the limits of said town as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said town, and that in order to more fully exercise this authority said mayor and town council are hereby given quarantine jurisdiction over all the area embraced within its jurisdictional limits of said town of Dallas, and anywhere within these limits, either in said town or county, may establish, locate or change at pleasure, either permanent or temporary quarantine grounds or pest-houses, and may condemn and take lands and buildings and personal property in said limits for quarantine grounds and quarantine purposes, either permanent or temporary, and condemnation proceedings shall be had and done in the same manner and by the same rules as is provided in Chapter 9 of the Code of Georgia. Quarantine and sanitation. Sec. 33. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power

Page 1068

to adopt and enforce such ordinances, rules and regulations as they may deem necessary to secure the removal of all the garbage, rubbish, filth, dead animals, weeds and undergrowth and other offensive matter and material from any and all occupied and unoccupied lots or places within said town limits, at the expense of the owner of said lots and places, who if he or they shall refuse or fail after written notice from the authorities aforesaid, to comply with the terms of the ordinances, rules and regulations after two days from the time that the written notice is served upon him or them, shall be subject to such penalties as may be lawful to prescribe for the same. And such authority, upon the failure or refusal of such owner to do such work, may cause the same to be done, and issue executions as they may by ordinances direct and prescribe against the property of such owners for the amount of such expense and costs and the persons returning such for town tax shall be taken and deemed to be such owners, and said execution shall proceed in the same manner and be liable to the same defence as is prescribed by this Act, when executions are issued by the town for construction, paving or otherwise improving the streets and sidewalks for said town. Sanitary rules. Sec. 34. Be it further enacted by the authority aforesaid, That the mayor and town council shall have the power and authority by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said town of Dallas, and within one mile of the incorporated limits of said town, and for this purpose said town authorities are hereby given police jurisdiction over all the territory and over all the residence within all the said prescribed area, and upon all persons who may be working or sojourning in said town, whether they be permanent residents of said town or not, and said mayor and town council shall provide

Page 1069

in said ordinances and regulations the time within which all persons, as above referred to, shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in said ordinances, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and costs, or imprisoned in the common jail or such other places of confinement and labor upon the streets and sidewalks or public works of said town not more than thirty days for each offense. Vaccination. Sec. 35. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the town of Dallas, and they shall have the power and authority to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd or disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary, expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Disorderly houses and disorderly conduct. Sec. 36. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, no person or persons shall be allowed to sell either by wholesale or by retail, any whiskey, wines, brandy, gin, beer, ale, bitters, lager beer, near beer, cider, or any other spirituous or malt liquors of an intoxicating nature within the limits of the said town of Dallas. Sale of intoxicants. Sec. 37. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power and authority to pass ordinances to prohibit the keeping in said town spirituous, vinous wine, cider, malt or intoxicating

Page 1070

liquors for illegal sale or dispensing the same for advertising purposes, or in order to secure trade, and to provide ordinance punishing any person or persons who may purchase in said town any of said liquors from any person or persons selling, by himself or agent, any of said liquors within the corporate limit of said town Dallas. Storage of intoxicants. Sec. 38. Be it further enacted by the authority aforesaid, That it shall not be lawful for any official of the said town of Dallas to be interested directly or indirectly in any contract with said town, and when any official is found guilty in violation of this Section, his office shall be declared vacant by the remaining councilmen by resolution, and the office so made vacant shall be filled as provided for in this Act. No officer shall be interested in any municipal contract. Sec. 39. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to prevent cattle, horses, mules, goats, hogs, sheep and other animals from going at large in said town and to take up and impound any such animals running at large in said town, and to pass and enforce all rules, regulations and ordinances which they may deem necessary and proper for the regulation and control and prevention of all such animals in said town running at large. Stock law. Sec. 40. Be it further enacted by the authority aforesaid, That the mayor shall at the first meeting of the council after his election or as soon thereafter as possible, appoint such committees as shall be provided for by ordinances, rules and regulations of said town, and the said mayor and town council shall prescribe their duties and said committees shall make reports to the mayor and council as may be required of them by the rules, regulations and ordinances of said town. Committees of council.

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Sec. 41. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full power and authority to pass all necessary ordinances, rules and regulations regulating and prescribing the speed of railroad trains running within the limits of the town; it shall have the power to require by ordinances the railroad company to station watchmen at the street crossings or to prescribe by ordinance that all trains running across or parallel to any street shall be preceded by a flagman; it shall have full power and authority to pass ordinances prohibiting, blocking any street crossing with railway trains, cars or other obstruction more than is necessary for trains to pass on said crossing. The mayor and council shall have full power and authority to pass all other ordinances with reference to regulation of the running or operation of railway trains within the town limits that it may deem necessary to protect and safeguard the public. Speed of R. R. trains. Sec. 42. Be it further enacted by the authority aforesaid, That the mayor and town council shall have the power to require railroad companies within the incorporate limits of the town of Dallas to make crossings on their several roads for the convenience of the travelling public, and to remove all obstructions therefrom, and to keep the same open for travel and well lighted at night, and to pass all ordinances needful for the carrying out of the provisions of this Section, and in case said railroad fail to make said crossing when notified to do so, the mayor and town council shall have the power to put the same across such railroad and light the same at the expense of said railroads and the clerk of the council may issue an execution for the amount so expended against such railroad. R. R. crossings. Sec. 43. Be it further enacted by the authority aforesaid, That should the mayor or any member of the town

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council be guilty of malpractice in office, wilful neglect of duty, gross or wilful abuse of power intrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of the council, then and in that event they are authorized to ask for his resignation, and upon his failure to resign within five days said council by a two-thirds vote may declare his said office vacant and order an election for mayor or alderman, as the case may be, to fill the unexpired term of said officer so removed. Said election to be had under the rules and regulations set out in the following Section. Malpractice or neglect of mayor or alderman. Sec. 44. Be it further enacted by the authority aforesaid, That should the mayor, aldermen or any other officer of said town, in the judgment of fifty per cent. of the legal voters of said town be guilty of malpractice in office, neglect of duty, conduct unbecoming an officer, corruption in office, oppression or inefficiency, incapacity or any other reason become unfit to hold said office or either of them, in either event upon petition signed by fifty per cent. of the legal voters of the said town addressed to the mayor and aldermen of said town, requesting the removal of such officer from office, the said mayor and aldermen shall request of such officer his resignation in lieu thereof his submission of his right to such office to the qualified voters of the said town. Recall of municipal officers. Should said officer fail to resign, or to submit his right to hold said office to the qualified voters of said town within five days after such request then in either event the mayor and aldermen shall declare his said office vacant and order an election to fill such vacancy within twenty days thereafter, at which said election the officer so removed may be a candidate for re-election to said office as any other citizen of said town.

Page 1073

That said election, by this Section provided, shall be held under same rules and regulations as provided by this Act for all municipal elections. Sec. 45. Be it further enacted by the authority aforesaid, That the mayor of the said town shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said town are faithfully executed, and that all officers of said town faithfully execute the duties required of them. He shall have general supervision over the affairs of said town, shall preside at meetings of the town council, and the police court, and shall have authority to convene the council in extra session when he deems it proper to do so. Powers of mayor. Sec. 46. Be it further enacted by the authority aforesaid, That in the absence of the mayor or the disqualifications of the mayor that the mayor `pro tem . shall act and be clothed with all the power of the mayor. Mayor pro tem. Sec. 47. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to control and regulate the running and operating of all locomotive trains, automobiles, bicycles and other vehicles for the transportation of persons or freight, limit the speed of such locomotives, trains, automobiles, bicycles, and to prevent unnecessary noises from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens and to adopt the necessary ordinances for these purposes, and to provide penalties and enforce the same for violations thereof. Speed of vehicles and trains. Sec. 48. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power to pass ordinances and regulations, prevent idleness and loitering

Page 1074

within the corporate limits of the town of Dallas, and to prescribe penalty for violation thereof. Vagrancy. Sec. 49. Be it further enacted by the authority aforesaid, That the said town of Dallas, through its mayor and aldermen, shall have the following powers: (1) To try all nuisances within the town, to cause all nuisances likely to endanger the health of the town, or any part thereof to be abated in a summary manner; to charge the expense of abating the same against the person causing the nuisance or to the owner of the premises on which the same may exist, to enforce the collection of the same by execution. (2) To regulate butcher pens, butcher shops, tan yards; livery stables, fish stands, restaurants, or any other business in which decaying animals or vegetable matter or any in which any noxious odors may become dangerous and injurious, or offensive, to the public or to any part thereof, to license the same only in such localities as may be the least offensive to the public, and to revoke the license of same when they prove dangerous or injurious as aforesaid. (3) To prohibit the keeping of hogs in sour or filthy pens within the limits of said town where they become offensive to the public, when kept or become a nuisance. (4) To require owners of lots to drain the same, to fill up excavations or depressions, and upon the failure to do so after reasonable notice, to have the same done at the owner's expense and then force the collection of the amount so expended by an execution against said property upon which said work is done. (5) To organize a chaingang and put at compulsory labor thereon all persons convicted of violating any ordinances of the town. (6) To regulate by ordinance the laying and constructing of railroad tracks, switches, depots, water tanks and all other matters pertaining to the construction of railroads within the limits of said town. (7) To adopt and

Page 1075

enforce ordinances for the protection of public shade trees on the streets and public places in said town, to protect places of divine worship and public gatherings, and all public property. (8) To organize and equip a fire department either paid or volunteers and adopt such rules, regulations and ordinances as will best promote the object of this Section. (9) To provide by ordinance for the proper observance of the Sabbath. (10) To punish for a violation of any ordinance of said town, not otherwise provided for in a sum not to exceed one hundred dollars, or imprisonment or compulsory labor in the public works, streets and sidewalks of said town of Dallas not to exceed 90 days, any one or more of these in the discretion of the court. Police powers. Sec. 50. Be it further enacted by the authority aforesaid, That there shall be a board of water, light and sewer commissioners for the town of Dallas, Georgia, to consist of three members, to-wit: W. F. Lee, whose term of office shall be until and expire December the 31st, 1913; R. D. Leonard, whose term shall expire December the 31st, 1915; A. L. Bartlett, whose term of office shall expire December the 31st, 1917. The successors of each member of said board shall be elected at the general election for mayor and aldermen next preceding the expiration of their respective term of office. The term for the successor of the above named commissioners shall be for six years and until their successors qualify. Water, light and sewer commissioners. Sec. 51. Be it further enacted by the authority aforesaid, That the power and duty of said water, light and sewer commissioners shall be as follows: (a) To receive, purchase, construct or otherwise acquire a light system for the said town, equip and improve its service, extend its lines as said commissioners may deem to the best interest

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of said town, direct the service thereof in all its details, to rent the service and let the power thereof, and to collect the rents therefor. (b) To contract for said light system and to audit and pay or cause to be paid all bills for said system and to do all other acts and things necessary in and about the construction, maintaining and operating of a first-class plant for said town. (c) Said water, light and sewer commission shall have power to purchase or otherwise acquire a water and sewer system for the said town of Dallas, to purchase water plant, water plant machinery and equippage therefor, to construct and equip a water plant, to purchase water mains, water pipes and water conducts, and all other materials and equippage necessary for the construction of a first-class water system and its necessary auxiliaries, and to have the same in first-class manner in the said town of Dallas, Georgia. (d) It shall be the duty of the said water, light and sewer commission to have exclusive control of said water plant, to rent and let water and service thereof, to collect the rents for the same, to audit or cause all bills for the same to be paid, and to do all other acts necessary for the successful construction and management of said water plant. Powers of commissioners. Sec. 52. Be it further enacted by the authority aforesaid, That said water, light and sewer commission shall have control and manage the construction and equippage of a sewer system for said town, and to cause connections to be made to public sewers, and to provide for the sanitary conditions of the same. Sewerage. Sec. 53. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Dallas shall have the power and authority to lay out, close up, open, widen, straighten or otherwise change and alter

Page 1077

streets, sidewalks, alleys, squares and parks within the said town's corporate limits. Streets. etc. Sec. 54. Be it further enacted by the authority aforesaid, That the mayor and council of the said town of Dallas, Georgia, shall have the power and authority to lay out, to open, establish and locate water mains and lines, sewer lines, and all lines necessary for public water and public sewer lines within the corporate limits of said town of Dallas, Georgia, to regulate the grades of the same, to open ditches and ways necessary for the construction of a perfect water and sewer system for said town across either or both private or corporate property. Drainage and sewerage. Sec. 55. Be it further enacted by the authority aforesaid, That the right to condemn, take and damage private property and corporate property within the corporate limits of the said town of Dallas, Georgia, for public use is hereby expressly delegated to and conferred upon the mayor and aldermen of the said town of Dallas, Georgia, under the doctrine of eminent domain upon just and adequate compensation, being first paid or tendered for property so taken or damaged to the owner thereof. Power of condemnation. Sec. 56. Be it further enacted by the authority aforesaid, That just and adequate compensation for property taken or damaged by said town of Dallas, Georgia, for public use, under and by virtue of this Act, shall be ascertained, fixed and determined under and by virtue of the rules of law now in force of this State, as embraced in Chapter 9 of the Code of the State of Georgia, 1910, which is hereby made a part hereof as though incorporated herein. Payment for property taken. Sec. 57. Be it further enacted, That the mayor and council shall have full power to grade, pave, macadamize

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or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said town, now, or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given and to provide funds thereof, said mayor and aldermen shall have power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved; provided , that no curbing shall be laid and no sidewalk be paved or macadamized, nor no assessment made, under the authority, power and provisions of this Section unless the persons owning real estate, which have at least two-thirds of the frontage on the sidewalk or on the portion of the sidewalk the improvement of which is desired shall in writing request the mayor and council to make such improvements, when said mayor and council may, in their discretion, provided by ordinance for such improvement; and provided, further , that no request shall be considered and no work shall be done for less than an entire block. The amount of assessment on each piece of real estate abutting on the sidewalk shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the mayor and the council shall have power and authority to enforce the collection of any amount so assessed for such improvements or work done, either to be executed by the clerk of the council against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment, which execution shall be levied by the marshal of the town on such real estate, and after advertising and other proceedings, as in case of sale of realty for town taxes the same may be

Page 1079

sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided , that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit when received shall be returned to the Superior Court of Paulding county, and there be tried and the issue determined, as in case of illegality, and subject to all the penalties provided by law in cases of illegality or delay. The liens for assessment on abutting property, and on street railroads or other railroad companies, for street or side-walk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Street improvements. etc. Sec. 58. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power and authority to adopt a code of ordinances and to amend and repeal the same, or any part thereof. Code of ordinances. Sec. 59. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem. may hold and preside over a court in the town of Dallas to be called the police court, for the trial of all offenders against the laws and ordinances of said town, as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said court shall have the power to punish all violations of the charter

Page 1080

or any ordinance of the town by a fine, not to exceed one hundred dollars, imprisonment in the town jail not to exceed 90 days, and to work on the streets, sidewalks and public works of said town of Dallas not to exceed thirty days, any one or more of these punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fines imposed may be collected by execution. Police court. Sec. 60. Be it further enacted by the authority aforesaid, That the mayor of the town of Dallas shall be exofficio Justice of Peace for offenses committed within the limits of the said town. Said warrants may be served by the police or marshal of the said town. Said warrants may be served by the police or marshal of the said town, or any other officer authorized by law to make an arrest. Offenders so arrested may be carried before the mayor, and if there is a probable cause to suspect that any of the penal laws of the State have been violated by the person or persons charged, it shall be the duty of the mayor to commit said accused to the jail of Paulding county to answer to the charge of any court of competent jurisdiction; provided , that if said offense is one that is bailable by Justice of Peace, said mayor may admit said accused to bail. Powers of mayor. Sec. 61. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power to authorize by ordinance the marshal or any policeman of said town to summons any or all by-standers to aid in the arrest of any person or persons violating any ordinance of said town, or law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Sec. 62. Be it further enacted by the authority aforesaid, That it shall be lawful for the marshal or any policeman

Page 1081

of the said town to arrest without warrant any person or persons within the corporate limits of the said town who at the time of the said arrest, or before that time, have been guilty of violating any of the ordinances of the said town, and to hold such person so arrested until a hearing before the proper officers can be had; and to this end said arresting officers are authorized to imprison and to confine any person or persons arrested by them, in the town jail, or jail of Paulding county for a reasonable length of time. The marshal and policeman of said town are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands charging any person or persons, with violating the criminal laws of this State. The town marshal or any policeman may take bond for the appearance of the person or persons arrested by him, if such person so arrested be sober, or the appearance before the police court for trial and all such bonds may be forfeited as hereinafter provided for as forfeitures of appearance bonds by the mayor or mayor pro tem . Arrests. Appearance bonds. Sec. 63. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tem . when any person or persons are arraigned before the mayor's court charged with the violation of any of the ordinances, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such a time as the case may be adjourned to, and the accused shall be required to give bond and security for his or her appearance at the appointed time for trial or imprisonment to await trial. If such bond be given and the accused fail to appear at the time fixed for trial the bond may be forfeited by the mayor or mayor pro tem. , and an execution issued thereon by serving the defendant if any be found and his securities

Page 1082

with a rule nisi at least five days before the hearing of the said rule nisi . Continuances and appearance bonds. Sec. 64. Be it further enacted by the authority aforesaid, That any person convicted in the mayor's court shall have the right of appeal to the full board of councilmen within two days after conviction, upon giving bond to be fixed by the mayor or acting mayor; and the right as also given any person to certiorari from the decision of the said board; provided , defendant pays the accrued costs in the case and give bond to abide by the final judgment of the case, which bond must be approved by the mayor. There is nothing in this Section that should prevent the defendant who desires to appeal to the Superior Court, to file a usual pauper affidavit in lieu of either giving the bond and security may in the discretion of the mayor be placed in the town prison or county jail to await final judgment of the case, which bond must be approved by the mayor. There is nothing in this Section that shall prevent the defendant who desires to appeal his case, as above provided or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of giving bond and security and any of the cost in the above; and provided, further , that the applicant failing to give bond and security may in the discretion of the mayor, be placed in the town prison or county jail to await final judgment of the appeal above mentioned; certiorari shall be governed by the same rules that govern other certioraries except as above specified. Appeal and certiorari from mayor's court. Sec. 65. Be it further enacted by the authority aforesaid. That the town council shall have the power and the authority to provide for the levying and collecting of business tax or occupation tax or license upon any trade, business, professional, or occupation, except such as are exempt

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by law, carried on within the town limits, and upon the inhabitants of said town to engage in or offer or attempt to engage in any profession, trade, business or occupation in said town and any such persons as live without the limits of said town and who engage in or attempt or offer to engage in any profession, business, trade or occupation not exempt by the law within the limits of the said town, and said mayor and town council may deem expedient for the safety, benefit, convenience and advantage of said town. Said mayor and town council are given authority and empowered to regulate by ordinances all kinds of businesses, trades and professions, how license shall be obtained, the location that said business shall be carried on. This tax shall be in the nature of a license, it must be paid in advance of practicing or engaging in such profession or occupation, trade or business and said town council shall provide by ordinance for the punishment of all persons required by ordinance to pay such business tax or take out license or the same who engage in such business, trade, profession or occupation, before paying such tax or taking out license and complying fully with all requirements of said town council made in reference thereto. License tax. Sec. 66. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power and authority to enact and pass all laws, rules, regulations and ordinances that they may consider necessary for the peace and good order, health, property, comfort and security of said town and inhabitants thereof, and that may be necessary to foster the virtue and good morals in said town, to suppress lewdness, gambling, disorderly conduct and to enforce such laws, ordinances, rules and regulations and such penalties as are authorized by this charter. The said mayor and aldermen shall have full power and authority

Page 1084

to adopt and enforce all ordinances that they may consider advisable and necessary to carry out the power and authority granted to said town and said mayor and aldermen by this charter. To make and enforce such laws, rules and regulations and ordinances for the government of their body and all of the officers of said town. And to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done and exercised under the laws of this State. General welfare. Sec. 67. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall by ordinance provide for the form of all accusations, affidavits and warrants not herein otherwise provided for, to be issued in all trials for violations of the town ordinances and laws, and the procedure of such trials. Accusations. Sec. 68. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Dallas may require and conpel all male persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, to work upon the streets of the said town not to exceed fifteen days in each year, at such time or times as the mayor and aldermen may require, or pay commutation tax in lieu thereof not to exceed five dollars in any one year, as said mayor and aldermen may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay street tax assessed in lieu thereof, after having received due notice to do so, as said mayor and aldermen may require, shall be deemed guilty of a violation of this Section, and on conviction in the police court of said town, shall be fined any sum not exceeding twenty-five dollars, or imprisoned in the town prison, or by labor on the public works, streets

Page 1085

and sidewalks of said town not exceeding thirty days. Said mayor and aldermen may pass such ordinances, rules and regulations as they may deem proper for the purpose of enforcing this Section. Street work or commutation tax. Sec. 69. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the government of the said town of Dallas, the mayor and aldermen of the said town shall have full power and authority for the assessment, levying and collecting of an ad valorem tax upon all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said town, owned or held therein, if not exceeding fifty cents on one hundred dollars, exclusive of the taxes for the public schools, interest on a bonded debt, and sinking fund for the purpose of paying the principal of any bond hereinafter issued. Said mayor and council shall have the power and authority to provide by ordinance for the returns of all taxable property in said town, and to provide penalties for the refusal or neglect to attend to the same. Ad valorem tax. Sec. 70. Be it further enacted by the authority aforesaid, That all executions in favor of said town for the enforcement and collection of any fines, forfeiture, assessment, taxes or other claims, demand, or debt shall be issued by the clerk and bear test in the name of the mayor, except when otherwise provided in this charter, and shall be directed to the marshal of said town, and to all and singular the Sheriffs and Constables of this State, and shall state for what issued and be made returnable to the mayor and aldermen of said town ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting

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officer to advertise the sale of such real estate or personal property as may have been levied upon by him to satisfy said executions, in the same manner respectively as Sheriff's sales on real property or Constables' sales on personal property are required by law to be made. All of said sales to be at the place and at the usual hour of Sheriff and Constable sales and to be made under the same rules and regulations as govern Sheriff and Constable sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due shall be the same as provided by law for sale under the execution for State and county taxes. Whenever any land is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount therefor, with ten per cent. premium thereon. Whenever at any such sale for taxes due, no one present shall bid for the property put up for sale as much as the amount of said execution for taxes and all costs, and after such property shall have been cried a reasonable time, then any duly appointed or authorized agent of the town may bid off such property for the town, and marshal, or such other officer making the sale, shall make the town of Dallas a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided for the redemption of the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession, and the mayor and aldermen shall have no right to divest or alienate the title of the town to any property so purchased except by public sale to the highest bidder, in such manner as may be prescribed by the ordinances of the town. The clerk shall enter on his execution docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder; said executions shall also be

Page 1087

returned to the office of the clerk after being satisfied. All sales and conveyances made under executions as provided in this Section shall have all the force and effect of sales and conveyances made by the Sheriffs of this State, and the officer making the sale shall have the same power as the Sheriff to put purchasers in possession of property sold by them. Executions for taxes, etc. Tax sales. Sec. 71. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power and authority to appoint three tax assessors, who shall be freeholders and who shall reside in the town of Dallas, and by ordinance, rules and regulations describe their duties and fix their compensations and make rules and regulations governing said board of tax assessors; provided , the clerk of the council shall be ex-officio tax receiver and tax collector. Tax assessors. Sec. 72. Be it further enacted by the authority aforesaid, That the said mayor and town council shall have the power and authority to provide by ordinance when the taxes of said town shall fall due, and that the tax executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. Sec. 73. Be it further enacted by the authority aforesaid, That said town council and mayor shall have the power and authority by ordinance to prescribe the limit and regulate the time within which children under the age of sixteen years shall be prohibited from loitering or congregating on the streets or alleys of said town, and to prescribe a penalty for violation of said ordinance. Loitering children. Sec. 74. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have

Page 1088

full and complete control of the streets and sidewalks, alleys and squares of said town and shall have full power and authority to condemn property for the purpose of laying out streets and new alleys, and for widening, straightening or grading or any way changing the streets and sidewalks in said town. And when the mayor and council of said town shall desire to exercise said power and authority granted in this Section, it may be done whether land sought to be condemned is in the hands of the owner or his trustee, guardian, or other trustee, in the manner provided by Section 4657 and 4686 of Volume 2 of the Code of Georgia, 1895. The mayor and council shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provision of this Section by appropriate ordinances. Streets, etc. Sec. 75. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full power and authority to pass all laws and ordinances conserving to drainage and proper maintenance and care of streets and alleys, and sidewalks and other public places of said town, and shall have the power to condemn property outside of the town limits as well as inside of the said limits for the purpose of draining the town, the proceedure shall be the same as recited in Section 74 of this Act. Said town council shall have the power and authority to provide for the paving of the business streets, whenever in their judgment the same becomes necessary, and to provide how said paving shall be paid for, whether by the town or whether by the adjacent owner or both. Drainage.

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Sec. 76. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. DALLAS, TOWN OF, BONDS FOR WATERWORKS. No. 246. An Act to authorize the mayor and aldermen of the town of Dallas, Georgia, in the county of Paulding, to order and have held, an election by the qualified voters of the said town to determine whether or not bonds shall be issued, to authorize the issuing of bonds to be sold for the purpose of erecting, establishing and maintaining a system of waterworks and its appurtenances for the town of Dallas; to authorize the issuing of said bonds; the assessment, levying and collecting a tax on all property in said town of Dallas for the purpose of paying the interest and principal of said bonds as provided by law, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the mayor and aldermen of the town of Dallas, Paulding county, be and they are hereby authorized and empowered to have held an election by the qualified voters of said town at such times and place as said mayor and aldermen may designate, to determine whether or not bonds shall be issued by said town of Dallas, in a sum not to exceed $40,000.00 to be sold for the purpose of erecting, extending

Page 1090

and construction of a system of water works for said town of Dallas. Said election shall be held in accordance with the provisions of Section 440 to 444, inclusive, of the Code of the State of Georgia, 1910, and at said election those who favor the issuing of bonds will have written or printed on their ballots the words For Bonds, those who oppose the issue of bonds will have written or printed on their ballots the words Against Bonds. Dallas, town of. Election for waterworks bonds. Sec. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds of said town of Dallas shall be and are hereby authorized to issue the bonds of said town of Dallas in a sum not to exceed $40,000.00 in the aggregate. Said bonds shall be designated water works bonds for the town of Dallas and be of the sum of $500.00 each, and numbered from one to eighty consecutively, and draw interest at the rate of 5 (%) per annum, payable semi-annually, on such dates as the mayor and aldermen may fix, and be for a term of thirty years. Said bonds so issued shall be sold by the water, light and sewer commission of Dallas in such way as may seem most advantageous to said town for not less than par. The proceeds thereof shall be used by the water, light and sewer commission of said town of Dallas for the purpose of purchasing, constructing and completing a water system for said town of Dallas, and for no other purpose, which funds shall be kept separate and distinct from all other funds of said town. Bonds, how issued. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Dallas shall be, and are, hereby authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal in the corporate limits of said town

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of Dallas in such sum as may be necessary for the purpose of paying the interest on said bonds and also to create a sinking fund sufficient to redeem and pay off said bonds at maturity thereof, and that the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and money belonging to said town, and shall be used solely for the payment of the interest on said bonds as it may accrue and for the creation and accumulation of a sinking fund for the payment of the principal of said bonds at maturity. Tax to pay bonds. Sec. 4. Be it further enacted by the authority aforesaid, That said sum so collected as taxes for the payment of interest and the creation of a sinking fund shall be immediately upon collection turned over the water, light and sewer commission for said town. And the said water, light and sewer commission shall from said fund pay the interest due to said bonds and invest the sum so collected to create a sinking fund in solvent securities in the name of said town to secure the same as a sinking fund herein contemplated. Sinking fund. Sec. 5. Be it further enacted by the authority aforesaid, That if an election herein provided for shall be against the issue of bonds then, in that event the mayor and aldermen of said town may at any time after the expiration of one year from the date of said first election, order another election under the provisions of this Act, and may so continue until the issuance of bonds is authorized by the legal voters of said town in the manner provided by law. Second election. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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DALTON, CITY OF, CHARTER AMENDED. No. 102. An Act to amend an Act approved February 24th, 1874, amending and codifying the various Acts incorporating the city of Dalton, and the several Acts amendatory thereof; to extend and define the limits of the city of Dalton, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporate limits of the city of Dalton, as defined in an Act amending and codifying the various Acts incorporating the city of Dalton, approved February 24th, 1874, be and the same are hereby defined and extended as follows: The corporate limits of the city of Dalton shall be the circumference of a circle, described from the center of the freight depot of the Western and Atlantic Railroad, in said city, as a center, with a radius of one mile in length, except that where the circumference of said circle intersects on the north with North Hamilton street in said city, the limits of said city shall follow the following lines: Northward with a line drawn along the east side of said street in the direction that it runs where it crosses the present city limits to a point two hundred (200) feet north of the land lot line between lots of land one hundred and sixty-two (162) and one hundred and eighty-one (181) in the twelfth (12th) district and third (3rd) section, Whitfield county, Georgia; thence due west to the eastern side of the right of way of the Western and Atlantic Railroad; thence in a southerly direction with the right of way of said Western and Atlantic Railroad to the south line of

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the property now owned by the city of Dalton on which its power plant and pumping station are now located; thence due east to a point on the original land line between lots of land one hundred and eighty-one (181) and one hundred and eighty-two (182), in the twelfth district and third section, said county; thence southward with said land line to the circumference of the circle heretofore described and thence with said circle. Dalton, city of: Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That the city limits of said city of Dalton may be extended in the future in the following manner, to-wit: Upon the presentation to the city clerk sixty days before the first Saturday in July in any year of a petition, signed by as many as 40 (forty) per cent. of the qualified voters of the city of Dalton, as shown by the registration books for the last city election preceding such petition, asking that an election be called for the purpose of determining the advisability of incorporating any adjoining territory (which territory, together with a definite description of the city limits as they would exist, if changed in accordance with the plan of the petition, shall be definitely described in said petition), it shall be the duty of the mayor and council of said city to order an election, to be held on the first Saturday in July, following, to determine whether or not such territory shall be added to said city. Notice of such election shall be published in some newspaper of general circulation in said city within ten days after the filing of the petition. The city clerk shall, immediately after the ordering of such election, open the registration books of said city for the purpose of allowing addition to the list of registered voters of persons who may be qualified to vote in such election whose names do not appear on the registration lists of the last city election, but it shall not be necessary

Page 1094

for electors of said city whose names appear on such list to re-register. In addition, the clerk shall provide a separate registration book, in which shall be allowed to register any qualified voters of said county whose names appears upon the registration list of the last general election in said county who resides in the territory proposed to be annexed. Such voter, instead of the additional oath prescribed in Section 12 of an Act approved August 17, 1908, amending the various Acts incorporating the city of Dalton shall take and subscribe the following oath: I do solemnly swear that I am a bona fide resident of the district or territory which is proposed to be annexed to the city of Dalton by virtue of a petition filed in the office of the clerk of said city on the..... day of....., 19...... That I am a duly qualified and registered voter of said county, and my name now appears on the registration list of the last general election in said county. Extension of corporate limits. Registration of voters. Sec. 3. Be it further enacted, That said registration lists shall remain open at the clerk's office until ten days before the first Saturday in July of that year, when they shall be closed, and turned over to the registrars of said city for revision as in case of registration for city electors. The registration book provided for residents of the territory which is proposed to be annexed shall be turned over, after revision, to the managers of said election for the third ward of said city, and the duly registered voters of said territory shall be allowed to vote in such election at the polling place in said third ward, and at no other. Revision of list of voters. Sec. 4. Be it further enacted, That on the first Saturday in July, following, there shall be held in said city an election, in the same manner, and under the same rules and regulations as regular city elections, at which all duly

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qualified and registered voters of said city and of said territory proposed for annexation to said city shall be allowed to vote, to determine the question of such annexation. Those favoring the annexation of the proposed territory shall have written or printed on their ballots For extension of city limits as proposed in petition filed....., 19....., and those opposing such annexation shall have written or printed on their ballots Against extension of city limits as proposed in petition filed....., 19...... If a majority of the votes cast at such election shall be in favor of such extension, such additional territory, as described in the petition asking for such election, shall from said date, become a part of the city of Dalton, and the mayor and council of said city, after declaring the result of such election, shall spread upon its minutes a complete description of the city limits as changed. If the result of said election shall be adverse to such extension, they shall so declare. Election for extension of city limits. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person without authority so to do to sign the name of any voter of such a petition as is provided for in Section two, and any person so offending shall be guilty of a misdemeanor, and shall be punished as is prescribed in Section 1065, Volume 11, Code of Georgia of 1910. Signing petition for another prohibited. Sec. 6. Be it further enacted by the authority aforesaid, That the office of recorder of the city of Dalton, as provided for in an Act approved August 17th, 1908, amending and codifying the various Acts incorporating the city of Dalton, shall be filled, henceforward in the following manner: There shall be an election for recorder at the next city election to be held the second Wednesday in December,

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1911, and every four years thereafter on said date, at which election the qualified voters of the city of Dalton shall select a recorder for said city. The candidate receiving a plurality or majority of the votes cast at such election shall be recorder of said city for four years from the first day of January, following. Vacancies in the office of recorder may be filled by the mayor and council until the next city election after such vacancy occurs, at which time a recorder shall be selected by the qualified voters to fill the unexpired term. Recorder. Sec. 7. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the marshal of said city as provided for in an Act approved February 24th, 1874, and various Acts amendatory thereof, shall be selected by the qualified voters of the city of Dalton. The first election shall be held on the second Wednesday in December, 1911, and biennially thereafter on the same date, subject to the rules, regulations, laws and ordinances governing elections in said city. The officer so elected on the second Wednesday in December, 1911, shall hold his office from the first day of January, following, for two years. Said marshal shall select his own deputies, but the number thereof and their salaries shall be regulated by the mayor and council of said city. Marshal. Sec. 8. Be it further enacted by the authority afore said, That the mayor and council of said city shall fix a salary for the recorder of said city at its last meeting prior to the election of such recorder which salary shall not be changed during his term of office. Said recorder shall not be allowed to charge or collect any costs of any nature whatsoever out of defendants in the recorder's court. Salary of recorder.

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Sec. 9. Be it further enacted by the authority aforesaid, That at its meeting immediately preceding the election in any year for marshal, the mayor and council of said city shall fix a salary for said official, which salary, when fixed, shall not be changed during his term of office; provided, however , that the mayor and council, in their discretion, may, instead of such salary, provide for payment of such officer on a fee or cost basis for services performed, but such provision, if made at all, shall be made prior to the election of such officer, and shall not be subject to change during his term. The mayor and council may at any time regulate the salaries or fees of deputies appointed by such marshal, as they may deem best. Salary of marshal. Sec. 10. Be it further enacted by the authority aforesaid, That said mayor and council may at any time in their discretion provide for a collecting officer for said city, whose duty it shall be to collect the street taxes, license fees, or other moneys due said city. They may fix the salary of such officer and provide for his bond, as they may deem best. Collector. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws herewith conflicting be, and the same are, hereby repealed. Approved August 17, 1911. DALTON, CHARTER AMENDED. No. 2. An Act to amend an Act approved August 3rd, 1910, amending and codifying the various Acts incorporating the

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city of Dalton in relation to the collection and enforcement of executions for paving, constructing, grading and otherwise improving the streets of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act Section four (4) of an Act approved August 3rd, 1910, amending and codifying the various Acts incorporating the city of Dalton, set out on pages 576 to 583 of Georgia Laws of 1910, be and the same is hereby amended by striking the words within the corporate limits of the city of Dalton in the eighteenth and nineteenth lines of said Section, and inserting in lieu thereof the words abutting upon the streets or portions thereof so improved, and by inserting between the words bidder and the proceeds in the twenty-eighth line of said Section of said Act, the words subject to the same right of redemption as provided by law in cases of sales for State and county taxes, and by adding to said Section the following proviso: Should any owners of abutting property or public service corporation desire to contest the amount of their assessment or the legality of any proceeding growing out of or connected with the paving, grading, constructing or otherwise improving of said streets, or any portion thereof, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality, and the amount admitted to be due, which amount so admitted to be due shall be paid to the levying officer before the affidavit shall be received and the affidavit shall be returned to the Superior Court of Whitfield county, there to be tried and the issue determined as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay,

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and it shall be the duty of the Judge of the Superior Court to give preference to these cases over all other cases pending in said Court. So that said Section of said Act when amended, shall read as follows: Dalton, city of: Section 4. Be it further enacted, That the said mayor and council of the city of Dalton shall have the power and authority by ordinance to effect the construction, grading, paving and other improvements on the aforesaid Hamilton, King and Crawford streets, as provided in the above Section and shall have the full power and authority to assess two-thirds of the cost to the abutting property owners on the two sides of said streets so improved, one-third only of such cost to be charged to the abutting property owners on each side of the street improved, and each property owner to pay only his pro rata portion of the entire cost on his particular street according to the linear frontage of the property owned by him on the portion of the street improved; and said mayor and council of the city of Dalton shall have the power to enforce collection of each property owner's pro rata portion of the cost of grading, paving or otherwise improving such street by assessing same against all of the property of said property owner abutting upon the streets or portions thereof so improved, and each assessment shall be collected by execution to be issued by the clerk of said city, bearing test in the name of the mayor and which shall be levied by the marshal upon sufficient property to realize the amount due the city and after advertisement as in such cases of sale for city taxes, the property levied upon may be sold by the marshal at public outcry to the highest bidder, and the marshal shall convey the property so sold to such bidder by deed and the same shall vest title absolutely in such bidder, subject to the same right of redemption as provided by law in cases of sales

Page 1100

for State and county taxes, the proceeds of the sale to be applied in payment of the amount due on such execution, and the cost of sale, including the advertisement and the residue, if any, to be paid over to the owner of the property so sold. Should any owners of abutting property or public service corporation desire to contest the amount of their assessment or the legality of any proceeding growing out of or connected with the paving, grading, constructing or otherwise improving of said streets or any portion thereof, they may do so by filing with the officer an affidavit of illegality and stating therein the cause of such illegality and the amount admitted to be due, which amount so admitted to be due shall be paid to the levying officer, before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Whitfield county, there to be tried and the issue determined as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay and it shall be the duty of the Judge of the Superior Court to give preference to these cases over all other cases pending in said Court. Street improvements. Sec. 2. Be it further enacted by the authority aforesaid, That the foregoing amendments shall apply to all executions yet uninforced by sale of property or collection, which have been issued, or which may hereafter be issued, and the rights of defence in said amendment given shall accrue to all defendants in execution against whom such executions have been heretofore issued or may hereafter be issued and the limitation made in said amendment as to property upon which the same may be levied shall apply to all executions which have been or may be issued under the pursuance of said Act; and the provision therein made relative to redemption of property sold under such executions shall apply to all future sales under such executions;

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provided , that in all cases where any defendant in execution shall have heretofore resorted to a court of equity to resist the enforcement of such execution or any of them or shall have been afforded a proper hearing before any tribunal authorized to pass upon the matters of defense attempted to be set up by affidavit of illegality, such defendant shall be concluded from setting up by affidavit of illegality any matter of defense which was or might have been legitimately passed upon in such proceeding in such court of equity or other proper tribunal. Executions, enforcement of. Sec. 3. Be it further enacted by the authority aforesaid, That all the provisions of said Act and of this Act shall be applicable to any improvements of the character described which have been or may hereafter be done upon any of the streets of said city. Liability for street improvements. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts thereof herewith conflicting be, and the same are, hereby repealed. Approved July 19, 1911. DECATUR, TOWN OF, CHARTER AMENDED. No. 139. An Act to amend the charter of the town of Decatur, in the county of DeKalb, approved August 17, 1909, by striking from the eighth and ninth lines of Section 37 of said charter the following words: for a term of twenty years, nor, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the town of Decatur, in the county of DeKalb, approved August 17, 1909, be, and the same is, hereby amended by striking from the eighth and ninth lines of Section 37 of said charter the following words: for a term of twenty years, nor, so that said Section, when so amended, shall read as follows: That the mayor and council of said town shall have power and authority to grant franchises, easements and rights of way over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said town, on such terms and conditions as they may fix by ordinance; provided , that no such franchise or easement or right of way shall be granted without fair and adequate compensation to said town, to be provided for in said franchise, ordinance; and provided, further , that no such franchise shall be granted until the application for the same with a description of the nature of the franchise, the streets on which desired, the terms upon which asked, and the time at which it will be acted upon shall have been advertised at the expense of the applicant, once a week for four weeks, in a newspaper published in said town Decatur, town of: Franchises. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. DENTON, TOWN OF, INCORPORATED. No. 275. An Act to incorporate the town of Denton, in the county of Jeff Davis, to define the corporate limits of said

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town, to provide for the election of a mayor and aldermen for the government thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Denton, in the county of Jeff Davis, be and the same is, hereby incorporated as a town under the name of Denton. Denton, town of, incorporated. Sec. 2. Be it further enacted, That the municipal government of said town of Denton shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name of the mayor and council of the town of Denton, and by that name and style shall have perpetual succession, and by said name shall be capable to sue and be sued in any court of law and equity in this State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy, and possess, to retain to them and their successors, for the sole use and benefit of the town of Denton in perpetuity or a term of years, any estate, real or personal, and to sell, exchange, or lease the same whatever. Sec. 3. Be it further enacted, That the corporate limits of said town shall be as follows, to-wit: The town to be one mile square, making the public square the center, running each direction, east, west, north and south, from center of public square as now laid out and platted. Corporate limits. Sec. 4. Be it further enacted, That the corporate powers of said town shall vest in said mayor and councilmen, who shall be elected on the first Saturday of August in each year under the same rules as govern elections of members of the General Assembly, but if the time of said election

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shall have passed before the passage of this Act, then the first election under this Act shall take place within 60 days after the passage thereof, said day to be fixed by the Ordinary of said county. Said mayor and councilmen shall hold their offices for one year, or until their successors are elected and qualified. Mayor and councilmen. Sec. 5. Be it further enacted, That the said mayor and councilmen shall, before entering upon the duties of their respective offices, subscribe to the following oath which may be administered by any person in this State authorized to administer oaths: I do solemnly swear (or affirm) that I will faithfully discharge all the duties encumbered upon me as a mayor (or councilman) of the town of Denton, according to the best of my ability; so help me God. Oath of mayor and councilmen. Sec. 6. Be it further enacted, That the qualifications of the voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto residence within the corporate limits of said town for six months next preceding the election and the payment of all legal taxes required by said corporation. Voters. Sec. 7. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshal, clerks and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the compensation of such subordinate officers and to require of them such bond as they may deem necessary. Municipal officers. Sec. 8. Be it further enacted, That said mayor and councilmen shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the

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good government, peace, order and health of said town, and all the powers herein granted; provided , they are not repugnant to the Constitution and laws of this State or the United States. General welfare. Sec. 9. Be it further enacted, That said mayor and councilmen shall have power to levy a tax not to exceed one-half of one per cent. upon all property, real or personal, subject to State tax within the corporate limits of said town. They shall also have power and authority to require of all persons subject to road duty under the laws of the State, to work on the streets, alleys and sidewalks of the said town, but that they may receive in lieu of said work such commutation fee as said mayor and council may prescribe, which shall be used only in working the streets, alleys and sidewalks of said town; provided , that no person shall be required to work on said streets, alleys, and sidewalks for more than fifteen days in no one year. Taxation. Sec. 10. Be it further enacted, That said mayor and council shall have power to assess and collect such a business or license tax as they may deem proper upon all kinds of business or occupation carried on in said town; also, on all shows, exhibitions, and performances, electric theaters, merry-go-rounds, ten-pin alleys, bowling alleys, on all billiards, pool or other tables for playing of games and all establishments of like character in said town for amusement and gain; provided , they shall not have power to license the sale of any intoxicating liquors or near beer in said town. Occupation tax. Sec. 11. Be it further enacted, That the said mayor and council shall have power to provide for the arrest, trial and punishment of affidavits for the violation of any ordinances,

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by-laws, rules or regulations of said town by fine, imprisonment or work on the streets of said town, either or both; provided , said fine shall not exceed one hundred dollars, and such imprisonment or work shall not exceed sixty days. Mayor's court. Sec. 12. Be it further enacted, That at the first meeting of the mayor and council after their election and qualification, it shall be the duty of said body to elect a mayor pro tem. , who shall perform all the duties of the mayor, when, from any cause, he is absent from the town or disqualified by relationship as would disqualify a Judge of the Superior Court to execute the business of his office. Mayor pro tem. Sec. 13. Be it further enacted, That in the event that the office of mayor or councilmen, or any subordinate officer of said town shall become vacant, the said vacancy shall be filled by the said mayor and councilmen. Vacancies. Sec. 14. Be it further enacted, That the said mayor and councilmen shall have power to lay out, open and abolish streets and alleys of said town, extend and change the same as the public may require by paying the owners just compensation for the property taken for any such purposes; and in the event that the owners of property so taken and the mayor and council can not agree on the value of the property, then the mayor shall choose one disinterested person and the owner a second; these two, when so selected, shall choose a third person, which shall constitute a board of arbitrators, who shall decide the question of value, the decision of which board shall be final. Streets, etc. Sec. 15. Be it further enacted, That said mayor and council shall have power to provide by ordinance for the

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collection of all taxes, money and fines due to said town, by executions to be issued and signed by mayor of said town, or by the mayor pro tem. , and the levy of the same by the marshal of said town upon any real or personal property of the defendant to be found in the county, and said marshal's levies shall be had under the same laws as govern Constables' sales in this State, except that all personal property levied on may be sold in said town, and in case any illegality or claim is interposed to such sale, the same shall be returned with all the papers to the Justice Court in the district in which the said town is situated. If real property be levied on, then the said papers shall be returned to the next term of the Superior Court of said county; the Court to which said papers are returnable shall have power to try the same; provided , that the said Court is not held within ten days after the filing of said illegality if held within that time said cause shall be returned to the next succeeding term; provided, further , that in all cases where the Justice Court shall not have jurisdiction, said papers shall also be returnable to the Superior Court as to said cause. Taxes, etc, how collected. Sec. 16. Be it further enacted, That upon the arrest of any person upon a charge of violating any of its ordinances or by laws of said town, if it shall appear from the testimony adduced upon the trial of said person that there is probably cause for his detention to answer to the charge of having violated any of the criminal laws of this State, said officer trying said cause shall issue his warrant committing said accused to the common jail of the county to answer to the charge preferred by any Court of competent jurisdiction of said county; provided , that if said case is one that is bailable by Justice of the Peace, bail shall be appraised by said committing officers. Commitments.

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Sec. 17. Be it further enacted, That al llaws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. DOUGLAS, CITY OF, CHARTER AMENDED. No. 273. An Act to amend an Act creating a new charter for the city of Douglas, approved December 20, 1899, and the several Acts amendatory thereto, by authorizing said city to increase its bonded indebtedness, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act creating a new charter for the city of Douglas, approved December 20th, 1899, and the several Acts amendatory thereto, be, and the same are, hereby amended as follows: Douglas, city of: Section 1. That the mayor and aldermen of said city be, and they are, hereby authorized in their discretion to issue and sell twenty-five thousand ($25,000.00) dollars of bonds of said city in denominations of five hundred ($500.00) dollars each, running for thirty (30) years from the date of their issue, and to bear interest at the rate of not exceeding five (5%) per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable annually, and the principal

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to be paid at the maturity of said bonds; provided , that the qualified voters of the city of Douglas assent to the issue of said bonds at an election to be called by the mayor and aldermen of said city, the city having the right, it is hereby declared and enacted, to call said election. In the event said bonds are issued, the mayor and aldermen of the city of Douglas shall provide for the collection of an annual tax during the life of said bonds, sufficient to raise the funds to pay the interest on said bonds annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. Said bonds shall be denominated School Bonds, and the proceeds of the sale of said bonds if issued and sold, shall be used exclusively for the purpose of purchasing, building and maintaining school property for said city, and the mayor and aldermen of said city of Douglas are hereby authorized and empowered, in their discretion, to purchase property already improved, taking title thereto in the city of Douglas, or if they see proper and deem it for the best interest of said city, they may purchase unimproved property, and they are hereby empowered to make such improvements on any property which they may purchase for said city, or on property which the city of Douglas may already own, as they may deem for the best interest of said city. School bonds. Sec. 2. That the mayor and aldermen of said city be, and they are, hereby authorized to issue and sell fifteen thousand ($15,000.00) dollars of bonds of said city in denominations of five hundred ($500.00) dollars each (same being in addition to bonds authorized by Section 1 of this Act), said bonds running for thirty (30) years from the date of their issue and to bear interest not exceeding

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five (5%) per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be paid annually and the principal to be paid at maturity of said bonds; provided , that the qualified voters of the city of Douglas assent to the issue of said bonds at an election to be called by the mayor and aldermen of said city, at such a time as they may provide, the city having the right, it is declared and enacted, to call said election. In the event said bonds are issued, the mayor and aldermen of the city of Douglas shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to cause a fund to pay the interest of said bonds annually during said period, and also, to provide a sinking fund to pay off the principal of said bonds at their maturity; said bonds to be denominated Light and Water Bonds. The proceeds of the sale of said bonds provided for in this Section, if issued and sold, to be applied only to improvements and additions to the system of electric light and waterworks of said city and the extension of water mains within the corporate limits of said city. 3. Light and water bonds. Sec. 3. That the mayor and aldermen of the city of Douglas be, and they are, hereby authorized to issue and sell ten thousand ($10,000.00) dollars of bonds of said city in denominations of five hundred ($500.00) dollars each (same being in addition to bonds authorized by Sections 1 and 2 of this Act), said bonds running for thirty (30) years from the date of their issue and to bear interest at the rate not exceeding five (5%) per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable annually

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and the principal to be paid at the maturity of said bonds; provided, that the qualified voters of the city of Douglas assent to the issue of said bonds at an election to be called by the mayor and aldermen of said city, at such time as they may provide, the city having the right, it is declared and enacted, to call said election. In the event said bonds are issued, the mayor and aldermen of the city of Douglas shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest of said bonds annually during said period, and also, to provide a sinking fund to pay off the principal of said bonds at their maturity; said bonds to be denominated Sewerage Bonds. The proceeds of the sale of bonds provided for in this Section, if issued and sold to be applied only to improvements, additions and extensions of sewerage in corporate limits of said city. Sewerage bonds. Sec. 4. The aggregate amount of bonds of said city hereby authorized to be issued for school purposes, for extending the system of electric lights and waterworks and for extending sewerage shall be fifty thousand ($50,000.00) dollars and shall be in addition to bonds heretofore issued by said city of Douglas. Amount of bonds. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 21, 1911.

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DUBLIN, CHARTER AMENDED. No. 43. An Act to alter and amend the several laws of the new charter of Dublin and confer additional power, to install an electrical plant, to do an electrical supply business, sell electrical supplies, wire buildings, to do sanitary plumbing, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 48, on page 644 of the Act creating a new charter for the city of Dublin, Laurens county, Georgia, and approved August the 15th, 1910, be stricken and repealed and the following inserted in lieu thereof: That any person convicted in the recorder's court for a violation of any of the ordinances of said city, shall have the right to appeal to the mayor and council of the city of Dublin, but before said appeal and as a condition precedent hereto, said person shall either deposit with the treasurer of said city the amount of his fine and the cost imposed by the recorder, said deposit to remain in the hands of the treasurer until the final termination of the case, and if said person be finally acquitted, said deposit to be returned, otherwise not, or he shall have the right to give good and sufficient bond to be approved by the officer before whom the conviction was had in a sum equal to double the amount of the fine imposed and costs incurred in case of final conviction; in case of appeal where the defendant has been sentenced to confinement in jail, or to work upon the streets of said city, the bond shall be in such amount as the trial officer may prescribe, to be approved by him, conditioned to produce the body of the defendant in

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case of final conviction, also to produce the body for trial at any time necessary for a hearing in said case. In the event any person convicted shall take and subscribe an oath before the trial officer that on account of poverty he is unable to pay over the fine and costs, when money fine has been paid, or give the bond as required, such appeal shall be accepted by the trial officer; any person convicted in said court and sentenced to jail or to work on the streets, or cannot give the appearance bond required, shall be placed in prison to await the final determination of the case. All appeals must be entered in writing not later than four days from the time of trial and filed with the officer before whom the trial is made. Upon appeal being entered as above provided, the council and mayor shall have power to reverse the decision of the trial officer, to modify or change the penalty, increase the same, or sustain the recorder. Dublin, city of: Appeals from recorder's court. Sec. 2. Be it further enacted, That Section 36 of said Act creating a new charter for Dublin, appearing on page 639 of the Acts of 1910, shall be amended by striking the word two appearing in the sixth line of said Section after the word for and before the word years and insert in lieu thereof the word one, so that said Section when amended will read as follows: Section 36. Be it further enacted, That in addition to the officers already named, there shall be a city treasurer, a city clerk, a city marshal, a city sexton, a city attorney, and a city engineer, and such other officers or agents of the city as the mayor and aldermen may by ordinance prescribe. These officers shall serve for one year and until their successors are elected and qualified, unless sooner removed for cause, to be judged of by the mayor and aldermen

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men by a two-thirds vote. They shall be elected by the mayor and aldermen by a majority vote of the whole board. City officers. Sec. 3. Be it further enacted, That no one shall be eligible to fill the mayor's office of the city of Dublin any longer than one term at a time. There must be at least one term intervening. Term of mayor. Sec. 4. Be it further enacted, That the city of Dublin shall have full power and authority to own and operate an electric plant, and electric business; to purchase or sell all electrical supplies, to do a general electrical business, such as wiring buildings by contract, day labor or otherwise; to buy and sell all kinds of electrical supplies or devices. To install by contract or otherwise, all kinds or character of electrical devices, including globes, fans, motors, meters for lighting and for power, or anything else that is usual or customary to be done in connection with such business. Electric plant. Sec. 5. Be it further enacted, That the said city of Dublin shall have power and authority to purchase and sell all plumbing material of whatsoever kind or character and to do any and all sanitary plumbing, either by contract or the employment of laborers. In the event the city should desire to avail itself of the power given in this Section, it shall do so by proper ordinance being first passed as other ordinances are now passed. Plumbing material. Sec. 6. All laws and parts of laws in conflict with the above Act are hereby repealed. Approved August 9, 1911.

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DuPONT, CHARTER FOR, REPEALED. No. 159. An Act to repeal an Act entitled An Act to incorporate the town of DuPont as the city of DuPont; to confer additional powers on said corporation, and to codify with this charter all previous charters incorporating said town, not inconsistent with this charter, under the name of the city of DuPont; establishing a City Court for said city, and for other purposes, approved November 13, 1889, and No. 770 in the Acts of Georgia, 1889. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved November 13th, 1889, being Act No. 770 of the Georgia Laws, 1889, entitled An Act to incorporate the town of DuPont as the city of DuPont; to confer additional powers on said corporation, and to codify with this charter all previous charters incorporating said town, not inconsistent with this charter under the name of the city of DuPont; establishing a City Court for said city, and for other purposes, be, and the same is, hereby repealed. Du Pont, town of: Charter repealed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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DuPONT, TOWN OF, NEW CHARTER. No. 153. An Act to create a new charter for the town of DuPont, in the county of Clinch; to provide a board of control of said town; to provide for the powers and duties of said board, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of DuPont, in the county of Clinch, be, and the same is, hereby incorporated under the following charter. That the municipal government of the said town of DuPont in the county of Clinch shall be vested in the mayor and five councilmen, who are hereby constituted a body corporate, under the name and style of the mayor and councilmen of the town of DuPont, and by that name and style shall have perpetual succession, and shall, in said name, be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors, for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or name, within the limits of said town and to sell, alien, exchange, lease, or convey the same or any part thereof, and to do all other acts relating to their corporate capacity consistent with the Constitution and laws of said State. DuPont, town of: New charter. Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of said town of DuPont shall extend and embrace onehalf mile in every direction from the present pumping station

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of the Atlantic Coast Line Railroad; said pumping station to be center of the incorporation of said town. Corporate limits. Sec. 3. Be it further enacted, That an election shall be held in said town on the first Wednesday in December, in 1911, and at the same time every two years thereafter or whenever the council may appoint, for a mayor and five councilmen, who shall hold their office for two years, or until their successors are elected and qualified. Said election shall be opened at nine o'clock and closed at four o'clock, under the superintendance of a Justice of the Peace and two freeholders of said town, or by three freeholders, residents of said town, under the forms and regulations prescribed by law for the election of members of the General Assembly, insofar as they are applicable to such election, and do not conflict with the specific rules herein prescribed. Mayor and councilmen. Sec. 4. Be it further enacted, That said superintendents of election shall truly declare the result of such election by issuing certificates of election to such persons as received the highest number of legal votes polled, who shall, as soon as practicable thereafter, qualify by taking an oath before some officer authorized to administer oaths in this State to well and truly perform the duties of their respective offices as such mayor and councilmen during their continuance therein; which oath, with a list of the voters and tally sheet and certificate of election, given by the superintendents shall be entered of record on the minutes of said council, and the originals filed with the clerk or recorder of council. Elections, results of. Sec. 5. Be it further enacted, That the qualifications of voters at said election shall be such as are required for

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electors to the General Assembly, and in addition thereto, a bona fide resident within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes and fines required of them by said corporation; and no person shall be eligible to the election or performing the duties of the office of mayor or councilmen who is not a qualified voter of said town. Voters Sec. 6. Be it further enacted, That in case of a vacancy in the office of mayor or councilmen, by death, resignation, or otherwise, an election to fill such vacancy shall be ordered by said council, still in office, to take place at such time as may be specified in said order, after public notice of the same by posting in some conspicuous place, in said town, for the space of at least five days before said election. In case of a vacancy in the office of mayor, the same may be supplied by the board of councilmen, by election from their body a mayor pro tem. , who shall perform all the duties of said office until the election and qualification of his successor, as above provided. Provided , that from and after the passage of this Act, and until the first election provided in this Act, C. M. McLamb shall be mayor of said town of DuPont, and P. M. Lee, E. S. Simmons, L. E. Cox, Mr. J. B. Cook and P. A. Register shall be the five councilmen of and for said town of DuPont. Vacancies. Sec. 7. Be it further enacted, That the mayor and council shall have power to appoint a clerk, treasurer, marshal and such other officers as they may deem necessary and proper. Said clerk and treasurer shall be selected from one of their members, and shall pay said marshal and other officers such compensation as they may fix prior to his election. They shall regulate the time and mode by which they will elect said officers; to take and fix their

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bonds; to prescribe their duties and oaths; and to remove them from office and impose fines for neglect of duty for sufficient cause, at their discretion. Municipal officers. Sec. 8. Be it further enacted, That the mayor and council shall have full power to levy and collect such taxes, not exceeding twenty cents on the hundred, upon all and every species of property, both real and personal, within the limits of said town (except church and school property) at its market value, on the first day of April in each year. Every person owning property in said town shall, on and after the first day of April in each year (the limit of time in which taxes can be returned to be fixed by council), make a return of all their real and personal property, in writing, under oath to the clerk or recorder of the council. And in case of the return of property made by any person shall be below its market value, the town council shall have the right to ignore such return and assess the value of same, and after said property has been so returned or assessed and the rate of taxation fixed by council, the time when the same shall be paid to the treasurer of council shall be fixed also, and if, after the expiration of the time fixed for the payment of all taxes levied, any person failing or refusing to pay the same, the council shall have the authority to have executions issued against such defaulter or defaulters, signed by the mayor and attested by the clerk or recorder, directed to the marshal, who shall proceed to collect the same by levy and sale; in case of levy on personal property, after ten days' advertisement at district court house door , in said town, and in case of levy on real estate, to return the execution with his levy thereon to the Sheriff of Clinch county, who shall advertise and sell the same, in the same manner as prescribed by State law for levies

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made on real estate, and returned by constable. And the said mayor and council shall have the right and authority to provide punishment by fine or imprisonment of any person who shall resist the marshal in the levy and sale of property as aforesaid. They shall have full power and authority to levy and collect such special tax on trades, business, occupations, theatrical exhibitions, or other performances exercised, performed or carried on within the corporate limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and other gains or trades or occupations subject to special tax under the State law, as they may deem proper. They shall also have power to tax and regulate ten-pin alleys, billiard and pool tables, or to prohibit or to remove the same for sufficient cause as they may deem necessary. Said special tax to be collected as the general taxes are. Taxation. Sec. 9. Be it further enacted, That the mayor and council shall have full power and authority to open and condemn land for streets, and the value of the land so taken to be paid to the person owning same; or in case council and said person do not agree as to the value of said lands, that council and the party whose land is taken, each select an arbiter, and if they fail to agree as to the price to be paid, a third person be called in by them, whose decision shall be final; change or abolish streets in said town, or to have removed all fences or other incumbrances that may be located or placed in said streets and shall keep in good order the streets and sidewalks of said town; and may require and compel all persons residing in said town who may be subject by law to road duty to work on the streets and walks of said town not to exceed fifty dollars, or to imprisonment in the town jail not more than thirty days

Page 1121

or by fine and either jail or work on roads and streets. The mayor and council shall have authority to fix the cost in all cases of violations of the ordinances of said town and upon conviction, said cost shall be taxed against the offender so convicted. Provided , no defaulter shall have the right to relieve himself of any fine or penalty imposed by the mayor for his failure to perform street duty, after being returned by the marshal as a defaulter, without the consent of council by a majority vote. Streets, etc. Sec. 10. Be it further enacted, That the mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town and securing and promoting the health of the inhabitants thereof, not repugnant to the Constitution and laws of this State. They may regulate or prohibit the running at large in said town of any horses, mules, cattle, hogs, dogs, or other animals or fowls, and prescribe penalties therefor; to protect places of divine worship; to provide places for the burial of the dead, and to regulate interments therein; to make regulations to guard against danger or damage by fire; to drain such branches, ponds, or pools as may be injurious to the health of the citizens; to abate all nuisances; to plant trees; regulate building houses, closing stores, and to do and perform and enforce by resolution all laws for protecting the public health, to promote and protect the peace and good order of said town. Corporate powers. Stock law. Sec. 11. Be it further enacted, That the mayor shall hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, and shall keep a docket on which he shall enter all cases tried or judgments rendered

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by him; the punishment inflicted in no case to exceed a fine of fifty dollars or imprisonment in the county jail or guard house, or labor on the public streets or walks of said town to exceed thirty days, and in addition thereto the costs of the proceedings; and all fines imposed and punishments inflicted may be enforced as follows: Any person convicted before the mayor for a violation of any town ordinance shall immediately pay the fine imposed, or in default thereof, the mayor shall have the marshal to place the defendant in the county jail or in the town guard house or upon the public works, as the case may be, for the term of imprisonment fixed by the mayor's judgment or order, not to exceed thirty days. And it shall be the duty of the marshal to execute all processes and orders of the mayor and council, and shall have the authority to press in any citizen or citizens of said town to aid him in executing or enforcing any judgment or order of the mayor or council in making any arrest. It shall be the duty of the mayor to act as presiding officer (except when he is absent or disqualified, when any member can act) of the council when in session, (and the meetings of council shall be at such times and places as they, by ordinance may fix), and at all times to look after the promotion of the peace and good order and enforcement of the ordinances and by-laws of said town. And the mayor shall also have the authority to bind over to the higher courts, or in default of bond, to place in the county jail, any person brought before him, where the evidence discloses that said person has been guilty of violating any of the laws of this State; the mayor shall have full power to punish for all contempts by fine and imprisonment as in other cases tried before him. There shall also be kept a record of all ordinances and a minute of the

Page 1123

council proceedings, all of which shall be open to the inspection of the public as other public records. Police court. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. EAST POINT, CHARTER OF AMENDED. No. 28. An Act to amend an Act entitled An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, and the several Acts amendatory thereof; to change the name of the said town of East Point to the city of East Point; to authorize the issue and sale of $5,000 of water bonds, $8,000 of sewer bonds, $8,000 of electric light bonds, $7,000 of city hall bonds, $2,000 of fire department bonds, $8,000 of street bonds, and $12,000 of school bonds; to provide for a water and light commission and authorize compensation for the members of same; to provide for laying of lateral sewer mains in certain instances; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, and the several Acts amendatory thereto be, and the same are, hereby amended so as to authorize and provide as follows: East Point, city of:

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Section 1. That the corporate name of said town of East Point be, and the same is, hereby changed from town of East Point to city of East Point, and said city of East Point shall have and exercise all rights, privileges and authority possessed and enjoyed by said town of East Point and shall be subject to all liabilities against said town of East Point; the purpose of this Section being merely to change the name of said municipal corporation from town of East Point to city of East Point. Sec. 2. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to improve, extend, enlarge and better equip the system of water works now owned and operated by and for said city; and for this purpose said city is hereby authorized, in the discretion of the mayor and common council of said city to issue, sell and dispose of $5,000 of bonds of said city in such denominations as they may deem proper, running for not more than thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per cent. per annum; principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided , said bonds shall not be sold below par; provided , that the qualified voters of said city assent to the issue of said bonds as provided by law, at an election to be called by the mayor and common council, at such time as they may deem proper, and in accordance with the general law of the State of Georgia for such elections. In the event said bonds are authorized and issued, the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually

Page 1125

during such period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of improving, extending and enlarging and better equipping the system of water works now being operated by said city and for said city. Waterworks. Sec. 3. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to improve, extend, enlarge and better equipping the system of sewerage and drainage now owned and maintained by said city; and for this purpose the mayor and common council of said city are hereby authorized and empowered, in their discretion, to issue and sell $8,000 of bonds of said city in such denominations as in their discretion they deem best, running not longer than thirty years from the date of their issue, and to bear interest at the rate not exceeding five per cent. per annum; principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided , said bonds shall not be sold below par; provided , that the qualified voters of said city assent to the issue of said bonds as provided by law, at an election to be called by the mayor and common council of said city, at such time as they may deem proper and in accordance with the general law of the State of Georgia for such elections. In the event said bonds are authorized and issued, the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also to provide a sinking fund to pay off the principal

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of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued, and sold shall be applied only for the purpose of improving, extending, enlarging, and better equipping of the system of sewerage and drainage now owned and maintained by said city and for said city. Sewerage. Sec. 4. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to improve, extend, enlarge and better equip the electric light plant or system of furnishing light, heat and electricity now owned and operated by said city and for said city; and for this purpose the mayor and common council of said city are hereby authorized and empowered in their discretion, to issue and sell $8,000 of bonds of said city in such denominations as they may deem proper, running for not more than thirty years from the date of their issue and to bear interest at the rate of not exceeding five per cent. per annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided , said bonds shall not be sold below par; provided , that the qualified voters of said city assent to the issue of said bonds as provided by law at an election to be called by the mayor and common council at such time as they may deem proper and in accordance with the general law of the State of Georgia for such elections. In the event said bonds are authorized and issued, the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a sinking fund to pay the interest on said bonds semi-annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their

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maturity. The proceeds of the sale of said bonds, if authorized, issued, sold shall be applied only for the purpose of improving, extending, enlarging and better equipping the present electric light plant or system of furnishing light, heat and power by electricity, now owned and operated by said city and for said city. Lights. Sec. 5. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to purchase, erect, build, own and maintain a city hall or building and premises for the use and benefit of the officers and employees of said city and for the use and benefit of said city, to be owned, used, occupied and controlled as in their discretion the mayor and common council of said town may deem best; and for this purpose the mayor and common council of said town are hereby authorized and empowered, in their discretion, to issue and sell seven thousand dollars of bonds of said town, in such denominations as they may deem proper, running for not more than thirty years from the date of their issue, and to bear interest at the rate not exceeding five per cent. per annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided , said bonds shall not be sold below par; `provided , that the qualified voters of said city assent to the issue of said bonds as provided by law at an election to be called by the mayor and common council at such time as they deem proper and in accordance with the general law of the State of Georgia for such elections. In the event said bonds are authorized and issued the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a

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fund to pay the interest on said bonds semi-annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, building, erecting, acquiring, owning and controlling of a city hall and premises or lands on which the same shall be situated, for the use and benefit of said city, as hereinbefore provided, and as shall be deemed best by the mayor and common council of said city. City Hall. Sec. 6. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to maintain and operate a fire department for said city, as in their discretion the mayor and council of said city may deem proper; for the purpose of acquiring, owning, and controlling equipments, apparatus and such machinery and things as may be deemed necessary or proper for said fire department, the mayor and common council of said city are hereby authorized and empowered, in their discretion, to issue and sell two thousand dollars of bonds of said town in such denominations as they may deem proper, running for not more than thirty years from the date of their issue and to bear interest at the rate not exceeding five per cent. per annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided , said bonds shall not be sold below par; provided , that the qualified voters of said city assent to the issue of said bonds as provided by law at an election to be called by the mayor and common council at such time as they may deem proper and in accordance with the general law of the State of Georgia, for such elections.

Page 1129

In the event said bonds are authorized, and issued, the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, procuring, obtaining, owning and controlling equipments, apparatus, and such machinery and things as the mayor and common council of said city may deem proper for the fire department of said city. Fire department. Sec. 7. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to pave, grade, and improve the streets and sidewalks of said city, and in such manner and to such extent as the mayor and common council of said city may from time to time deem proper; and for the purpose of grading, paving and improving the streets and sidewalks of said city in such manner and to such extent as the mayor and common council may deem proper, the mayor and common council of said city are hereby authorized and empowered in their discretion, to issue and sell $8,000 of bonds of said city, in such denominations as they may deem proper, running for not more than thirty years from the date of their issue and to bear interest at the rate of not exceeding five per cent. annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided , said bonds shall not be sold below par; provided , that the qualified voters of said city assent

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to the issue of said bonds as provided by law at an election to be called by the mayor and common council at such time as they may deem proper and in accordance with the general law of the State of Georgia for such elections. In the event said bonds are authorized and issued, the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold shall be applied only for the purpose of grading, paving and improving the streets and sidewalks of said city, including the laying of curbing along the sidewalks, and in such manner and to such extent as the mayor and common council of said city shall deem proper. Street improvements. Sec. 8. That the mayor and common council of said city of East Point be, and they are hereby authorized and empowered to purchase, build, erect, and maintain other and an additional school buildings and premises or lots on which same shall be erected, at such places in said city as the mayor and common council may deem proper, and for the use and benefit of the public school system of said city; and for such purpose, the mayor and common council of said city are hereby authorized and empowered, in their discretion, to issue and sell $12,000 of bonds of said city, in such denominations as they may deem proper, running for not more than thirty years from the date of their issue and to bear interest at the rate of not exceeding five per cent. per annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said

Page 1131

bonds; provided , said bonds shall not be sold below par; `provided , that the qualified voters of said city assent to the issue of said bonds as provided by law at an election to be called by the mayor and common council at such times as they may deem proper and in accordance with the general law of the State of Georgia, for such elections. In the event said bonds are authorized and issued the mayor and common council of said city shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, erecting, procuring, owning and maintaining another and an additional school building, or buildings, and the premises or real estate on which the same shall be erected, for the use and benefit of the public school system of said city as hereinbefore provided, and in such manner and at such place or places in said city as the mayor and council may deem proper. School buildings. Sec. 9. That all moneys raised by taxation for the payment of the interest on all bonds which may be issued and sold under this Act and all moneys which may be raised for the purpose of constituting a sinking fund to pay the principal on said bonds shall be paid over to the sinking fund commission of said city of East Point to be by them applied to the purposes for which the same shall be collected and as provided by law. Tax to pay bonds. Sec. 10. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to lay lateral sewer mains on any and all streets

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in said city of East Point whenever two-thirds of the property owners thereon or on any block where such sewer mains are to be laid by written petition so request; one-third of the expense of laying sewer mains to be paid by the city of East Point and the remaining two-thirds to be paid by the abutting property owners, one-third by the abutting property owners on each side of the street where such sewer mains are laid; and said city of East Point shall have a lien on the property abutting on each street thus improved for the proportionate amount of the expense of such improvement which shall be enforced against the several property owners in the same manner that executions for taxes due said city of East Point shall be issued and enforced; provided, however , that the mayor and common council of said city of East Point shall be authorized, in their discretion, to lay sewer mains on any and all streets of said city of East Point and assess the cost thereof against the abutting property owners and collect same as hereinbefore authorized, whether two-thirds of the abutting property owners desire or petition for same or not. Sewerage. Sec. 11. That the mayor and common council of said city of East Point be, and they are, hereby authorized and empowered to create a water and light commission for said city of East Point, the members of which shall be elected by the mayor and common council of said city of East Point for such terms as in their discretion the mayor and common council may provide, said commission to have and exercise such duties and authority as the mayor and common council of said city of East Point shall prescribe. The mayor and common council shall be authorized to pay the several members of said commission such reasonable compensation of their services as the mayor and common council shall prescribe; provided, however , that said commission shall not

Page 1133

exceed three in number; `provided , that the members of the sinking fund commission shall be eligible to membership on the water and light commission. Water and light commission. Sec. 12. That Section 1 of the Act entitled An Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, and the several Acts amendatory thereto, so as to extend the incorporated limits of said town; to provide for the manner of collection of taxes, and for other purposes, approved August 13, 1910, be, and the same is hereby amended by striking from Section 1 of said Act the words Georgia Railway and Electric Company in the 18th line of said Section and by inserting in lieu thereof the words: Atlanta and West Point Railroad, and by inserting the word city in said Section wherever the words town appears, so that said Section when amended shall read as follows, to-wit: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the corporate limits of said city of East Point, in the county of Fulton, State of Georgia, be, and the same are, hereby extended so as to embrace within its corporate limits also the following territory, to-wit: All that tract or parcel of land situated, lying and being in Fulton county, Georgia, and described as follows: Beginning at a point on the east line of land lot 166 of the 14th district of originally Henry, now Fulton county, Georgia, where said line intersects with the extreme northern point of the present limits of said city of East Point, and running thence northeasterly along a straight line to the southwest corner of the J. J. Knott property in land lot 134 of the 14th district of originally Henry, now Fulton county, Georgia; thence easterly along the south line of the J. J. Knott property to the west side of the right-of-way

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of the Atlanta and West Point Railroad; thence southerly along the west side of said right-of-way to the present corporate limits of said city of East Point; and thence along the present corporate limits of said city of East Point to point of beginning. Corporate limits. Sec. 13. That said city of East Point be, and it is hereby authorized and empowered to widen any and all public streets and thoroughfares of said city of East Point, at such times and in such manner and to such widths as the mayor and aldermen of said city of East Point may, in their discretion, deem proper; provided , that said city of East Point shall have the right to condemn property for the purposes aforesaid, should it become necessary, in the manner as provided by law for the condemnation of private property for public purposes. Streets, how widened. Sec. 14. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1911. ELBERTON, SCHOOL LAW AMENDED. No. 81. An Act entitled an Act to amend an Act entitled an Act to provide for a system of public schools for the city of Elberton, in the county of Elbert, to provide for the maintenance of the same by a special tax, to create a department of government for the control and government of said schools, and for other purposes, approved November 22nd, 1900, by striking from said Act all of

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the Section one, which provides for the election by the city council of Elberton of a board of education for said city, and fixing their term of office, filling all vacancies on said board, and providing for a quorum for the transaction of business by said board, and enacting in lieu thereof a Section to be known as Section one of said Act, so as to provide for the election of said board of education by the qualified voters of the city of Elberton, to fix the date for such elections, the term of office of said board of education, the filling of vacancies on the same, fixing a quorum for the transaction of business by said board, and fixing the time when the board of education elected by the people shall take charge and control of the public schools of Elberton, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to provide a system of public schools for the city of Elberton, in the county of Elbert, including primary, grammar and high schools; to provide for the maintenance of the same by a special tax upon the taxable property within said city; to create a department of government for the control and conduct of said schools; to authorize the charge of a matriculation fee to residents attending the grammar and high schools; to authorize the city authorities to contract with the county authorities of the county of Elbert for the admission of children living outside the city limits, and to receive that portion of the county funds that would go to such children if in attendance upon public schools outside the city limits, and to charge such children such additional tuition as may be prescribed; to authorize and direct the county school commissioner of Elbert county to pay over to the city authorities

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of said city each year so much of the public school fund coming from the State to the county of Elbert as the children of school age in the city of Elberton would be entitled to under a pro rata distribution of said fund to the children of school age in the county of Elbert; to provide that this bill be submitted to the qualified voters of the city of Elberton as the law requires, and for other purposes, approved November 22nd, 1900, be, and the same is hereby, amended by striking from said Act all of Section one thereof which reads as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, the corporate authorities having recommended the same. That from and after the passage of this Act the city council of the city of Elberton, in the county of Elbert, as soon after the passage of this Act as practical, are hereby authorized and empowered to elect by ballot from the citizens of said city, who shall be freeholders therein and at least twenty-five years of age, five male persons, who shall constitute a board of education for said city, and who shall hold their office until the regular monthly meeting of the city county, after the organization of the new council in January, 1903, at which time the said city council shall elect by ballot five citizens with the qualifications herein stated, who shall constitute the board of education for two years, and the city council shall elect a new board of education every two years thereafter; and the said board of education shall always hold their offices for two years, and until their successors are elected; and all vacancies in said board, from death, resignation, removal from said city, or otherwise, shall be filled by the city council at any meeting after such vacancy occurs. A majority of said board of education shall constitute a quorum for the transaction of business, but nothing done by said board shall be considered as passed and binding unless

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the same shall receive at least three favorable votes; and no vote shall be cast by proxy and inserting in lieu of the Section so stricken, to be known as Section 1 of said Act, the following: Elberton, city of: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act, the mayor of the city of Elberton, in Elbert county, Georgia, shall issue a call for an election to be held in said city on a day appointed, which shall be within thirty days after the approval of this Act, for the election of five male citizens of said city who shall constitute the board of education of the city of Elberton; notice of the calling of said election and of the time and place for holding the same shall be given by said mayor by the publication of such notice in the newspaper of Elbert county in which the sheriff's sales are advertised, once a week for two weeks next preceding the day of the election. Said election shall be by ballot, and shall in respect to the appointment and compensation of election managers, and clerks, the consolidation of the votes, the declaring of the result, and in every other particular whatever, be held and conducted according to the rules, regulations and ordinances governing regular elections for mayor and councilmen of the city of Elberton. All of the electors of the city of Elberton who were qualified to vote in the last regular election held in said city for mayor and councilmen on the second Wednesday in January, 1911, shall be entitled to vote in the election above provided for. Board of education. Be it further enacted, That every person voting in said election shall have not less than five names printed or written on his ballot, and shall vote for at least five persons. The five persons receiving the highest number of votes cast

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in such election shall be declared elected and to constitute the board of education of the city of Elberton, and immediately upon taking the oath of office prescribed by this Act, shall assume full control and management of the city school of said city of Elberton, and shall hold their offices until the next regular election provided for by this Act, or until their successors are elected and qualified. Be it further enacted, That a regular election for members of the board of education of the city of Elberton shall be held on the third Wednesday in June, 1913, and biennially thereafter on the third Wednesday in June, which elections shall be held and conducted in every particular according to the rules, regulations and ordinances governing regular elections for a mayor and councilmen of the city of Elberton. No person shall be eligible to election to membership on the board of education of said city unless he shall have been a resident citizen of the city of Elberton for at least two years next before the day of election, and shall have attained the age of twenty-five years, and every person elected to membership on said board of education shall, before entering upon the discharge of his duties as such, take and subscribe an oath as follows: I do solemnly swear that I will uprightly demean myself as a member of the board of education of the city of Elberton, and will, to the best of my knowledge and power, discharge all the duties imposed upon me by law; so help me God. Should a vacancy occur in the membership of the said board of education, whether by death, resignation, removal or otherwise, the same shall be filled by the other members of the board at an election held for that purpose, and the

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person elected to fill such vacancy shall hold his office until the next regular election and until his successor is elected and qualified. A majority of the members of said board of education shall constitute a quorum for the transaction of business, and no resolution, order, appointment, or other action of said board shall be valid unless concurred in by a majority of the board. So that said Act when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act, the mayor of the city of Elberton, in Elbert county, Georgia, shall issue a call for an election to be held in said city on a day appointed which shall be within thirty days after the approval of this Act, for the election of five male citizens of said city who shall constitute the board of education of the city of Elberton; notice of the calling of said election and of the time and place for the holding of the same shall be given by said mayor by the publication of such notice in the newspaper of Elbert county in which the sheriff's sales are advertised, once a week for two weeks next preceding the day of election. Said election shall be by ballot, and shall in respect to the appointment and compensation of election managers, and clerks, the consolidation of the votes, the declaring of the result, and in every other particular whatever be held and conducted according to the rules, regulations and ordinances governing regular elections for mayor and councilmen of the city of Elberton. All of the electors of the city of Elberton who are qualified to vote in the last regular election held in said city for mayor and councilmen on the second Wednesday in January, 1911, shall be entitled to vote in the election above provided for.

Page 1140

Be it further enacted, That every person voting in said election shall have not less than five names printed or written on his ballot, and shall vote for at least five persons. The five persons receiving the highest number of votes cast in such election shall be declared elected and to constitute the board of education of the city of Elberton, and immediately upon taking the oath of office prescribed by this Act, shall assume full control and management of the city school of said city of Elberton, and shall hold their offices until the next regular election provided for by this Act, or until thei rsuccessors are elected and qualified. Be it further enacted, That a regular election for members of the board of education of the city of Elberton shall be held on the third Wednesday in June, 1913, and biennially thereafter on the third Wednesday in June, which elections shall be held and conducted in every particular according to the rules, regulations and ordinances governing regular elections for mayor and councilmen of the city of Elberton. No person shall be eligible to election to membership on the board of education of the said city unless he shall have been a resident citizen of the city of Elberton for at least two years next before the day of the election, and shall have attained the age of twenty-five years, and every person elected to membership on said board of education shall, before entering upon the discharge of his duties as such, take and subscribe an oath as follows: I do solemnly swear that I will uprightly demean myself as a member of the board of education of the city of Elberton, and will, to the best of my knowledge and power, discharge all the duties imposed upon me by law; so help me God. Should a vacancy occur in the membership of the said board of education, whether by death, resignation, removal

Page 1141

or otherwise, the same shall be filled by the other members of the board at an election held for that purpose, and the person elected to fill such vacancy shall hold his office until the next regular election and until his successor is elected and qualified. A majority of the members of said board of education shall constitute a quorum for the transaction of business, and no resolution, order, appointment or other action of said board shall be valid unless concurred in by a majority of the board. Sec. 2. Be it further enacted by the authority aforesaid, That the said board of education shall have full power and authority to devise, designate, establish, adopt and maintain a system of public schools in said city; to increase, modify alter and change the same from time to time; to establish public schools for said city of Elberton, including primary, grammar and high schools, as they may deem expedient and proper; to prescribe the curriculum, appoint and employ teachers for said schools and a superintendent for the same; to fix the compensation for teachers and superintendent, to recommend to the city council such school houses, furniture, fixtures and apparatus as they may deem necessary for the proper operation of the city schools; to make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools as they may deem proper; provided , the same are not in conflict with the Constitution and laws of the State; and to do any and all other acts promotive of the best educational interest of said city when not in conflict with this Act or the Constitution and laws of the State. Powers of board.

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Sec. 3. Be it further enacted by the authority aforesaid, That the officers of said board of education shall be a president, who shall be a member of said board; a secretary, who may be a member of said board, and such other officers as may be deemed advisable and necessary, all of whom shall be elected by said board, and hold their offices at the pleasure of said board. The board of education, including the president thereof, shall serve without compensation; the secretary and such other officers as may be created and elected shall receive such compensation as the board may fix. No member of the board of education or the city council shall be eligible to the position of superintendent or to the position of teacher in public schools of the city. Officers of board. Sec. 4. Be it further enacted by the authority aforesaid, That the said board of education shall keep regular minutes of its proceedings, which shall be authenticated by the president and secretary thereof, which shall at all times be open to inspection by the mayor, the city council or any citizen of said city. The board of education shall, at or before the beginning of any scholastic year, furnish the city council with a written estimate of the funds necessary for the maintenance of the public schools of the city for the ensuing scholastic year; which estimate shall contain as near as practical an itemized statement of the amounts needed for each and every purpose; and at the end of each scholastic year the said board shall submit to the city council a report of all moneys spent by them the year ending, and from what source it came, giving an itemized statement of the expenditures as they may deem proper, which shall be published in at least one newspaper in the city at the direction of the city council. Minutes and reports of board.

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Sec. 5. Be it further enacted by the authority aforesaid, That no bill or charge of any character contracted or made for the maintenance and support of the public schools of said city shall be paid, approved or audited for payment except at a regular meeting of the board of education, which shall then be attested by the president and signed by the secretary of the board, and when so approved, audited and attested shall be presented to the treasurer of the city of Elberton, who shall pay the same out of funds, previously set aside, by the city council for school purposes, and standing to the credit of the board of education, and from no other funds; that the board of education of said city may fix, charge and collect a matriculation fee of residents of said city, which if demanded shall be paid at or before admission into the schools; which sum shall be by the said board of education or its officers paid over to the treasurer of the city, to be placed into the school fund of the city, and report the same with the names of those paying to the city council. School fund, how disbursed. Sec. 6. Be it further enacted by the authority aforesaid, That the board of education of said city shall have power and authority to contract with the proper authorities of the county of Elbert, for the admission of children living outside the city limits into the public schools of the city, and the treasurer of the city shall receive from the school commissioner of Elbert county that portion of the public school fund of the county that would be apportioned to such children if attending county schools outside the city limits; which sums shall be by the treasurer of the city converted into the public school fund of the city, and a report of the same made to both the board of education and the city council. Non-resident pupils.

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Sec. 7. Be it further enacted by the authority aforesaid, That the county school commissioner of Elbert county shall pay over to the city treasurer of the city of Elberton each year that portion of the public school fund coming from the State to the county of Elbert as the children of school age in the city of Elberton would be entitled to receive under a prorata distribution of said fund to the children of school age in the county of Elbert, as ascertained by the last census of children of school age in the county of Elbert, and the city of Elberton; which sums shall be covered into the public school fund in the city treasury, and a report of the same made by the city treasurer to both the board of education and the city council. Pro rata share of State school fund. Sec. 8. Be it further enacted by the authority aforesaid, That the board of education of said city shall provide separate schools for white and colored children, and keep the same open for at least eight months in each year. All children within said city, between the ages of six and eighteen years, whose parents or guardians are bona fide residents of said city, shall be entitled to the benefits of said schools, under such regulations as the board of education may provide. Said board of education may also provide for the admission of children whose parents or guardians reside out of said city, upon payment of such rates of tuition as the board in its discretion may provide. Said board may also provide for the admission of children who reside out of said city, and also for the admission of such students residing in said city within school age, upon the payment of such rates of tuition as may be prescribed by said board; all of which sums so collected shall be converted into the public school fund of the city as hereinbefore prescribed. White and colored schools. Eligible pupils.

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Sec. 9. Be it further enacted by the authority aforesaid, That the board of education of said city, wherever the same is in their discretion practical, is empowered and authorized to contract with school trustees or teachers of public or private schools outside of the city limits for the teaching of children living in the city limits upon such terms as they may deem proper and expedient. Children resident in city may be sent to schools outside city. Sec. 10. Be it further enacted by the authority aforesaid, That the city council of the city of Elberton be, and the same is, hereby authorized and empowered to levy and collect, as other taxes are collected, a special tax upon the taxable property of said city of not exceeding three-tenths of one per centum in addition to all other taxes now authorized, to be known as the school tax, which shall be covered into the city treasury of said city, and appropriated by the city council for school purposes only, as the need of the public schools may require. School tax. Sec. 11. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall become operative the city council of the city of Elberton shall order an election to be held in said city, as other elections are held, and returns thereof made to the city council, after advertising the same for thirty days, in which election all of the qualified voters of said city shall be entitled to vote. Those voting in said election shall have printed on their ballots the words For Public Schools, or the words Against Public Schools. If two-thirds of the qualified voters of said city shall vote in said election For Public Schools, then the provisions of this Act shall become operative, and the city council shall so declare and spread their declaration upon their minutes. If public schools should fail to carry in said election, the same question may

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be re-submitted to the qualified voters of said city every six months thereafter upon the application of twenty-five freeholders of said city to the city council, which application shall be spread upon the minutes of the city council. Election for public schools. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1911. EMPIRE, TOWN OF, INCORPORATED. No. 74. An Act to incorporate the town of Empire in the counties of Dodge and Pulaski, to define the limits thereof; to provide for the election of a mayor and councilmen therefor, and for their successors; to grant power and privileges to the same; to provide for working streets and sidewalks in said town; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health whenever in the judgment of the mayor and council of said town said action may be advisable; to declare and define police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the town of Empire to establish a system of waterworks and a system of electric lights, under such restrictions as are provided for by the State law, whenever in the judgment of the

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mayor and council of said town such course may be deemed advisable, and to issue bonds for any one or all the purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting license to all kinds of business, trades, callings, professions; to provide for the prevention of the delivery and receiving of intoxicating liquors and whiskies within the incorporate limits of said town; to provide for seizure and disposition of said intoxicants; to provide for the fixing of the fiscal year; and to grant a charter to said town under the corporate name of the Town of Empire; to provide a system of public schools for said town, whenever in the judgment of the mayor and council of said town said action may be advisable; to provide for a levy of taxes to meet the expenses of the town and school system, and other purpose. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Empire, in the counties of Dodge and Pulaski be, and the same is, hereby incorporated as a town, under the name of the Town of Empire. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of Mayor and Council of the Town of Empire they may sue and be sued, plead and be impleaded, have a seal and exercise all the corporate powers that may be necessary in performing their duties. Empire, town of incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall be as follows: One-half of one mile in all directions from the crossing of the Southern Railway Company's and the Wrightsville and Tennille Railroad Company's tracks in said town, making said corporate limits

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a circle one mile in diameter, with said railroad crossing in center thereof; provided , that no part of the territory of the town of Frazier, in the county of Pulaski, shall be included in the said town of Empire. Corporate limits. Sec. 3. Be it further enacted, That after the passage of this Act, an election shall be held in the said town for the election of a mayor and councilmen after notice of the time and place of holding such election shall have been given in writing by posting the same at the railway depot, and at the postoffice by any ten citizens residing in said town at least twenty days before such election, and that thereafter on the first Tuesday in October, 1911, and on the first Tuesday in each succeeding January thereafter there shall be held an election in said town to elect a mayor and councilmen thereof. If any such election should not be held at the time and place herein designated, the same shall thereafter be ordered held by the mayor and council of said town after giving twenty days' notice in writing by posting the same at one or more public places in said town of the time and place of such election. Election of mayor and councilmen. Sec. 4. Be it further enacted, That the term of office of said mayor and councilmen shall be one year, and until their successors are elected and qualified. That they shall be ineligible to hold any other office or position under said town except tax assessors, and they shall not contract directly or indirectly with said town or any department thereof. Provided , that the first mayor and councilmen elected shall serve until the election in January, 1912. Term of office, etc. No one shall be eligible to office of mayor and councilmen who is not qualified to vote for members of the General Assembly of this State. Said election shall be held

Page 1149

and conducted in the same manner as election for officers in this State and a certificate of the managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation or removal or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. Qualifications. Elections, how held. That the mayor and council shall provide for the registration of the voters of said town prior to each annual election or special election that may be held in said town, and all persons who have been residents of said State twelve months and residents of said town six months next preceding the days of holding such election, and who are qualified under the laws of the State to vote for members of the General Assembly, shall be entitled to register and vote in any election held in said town, and the registration books shall remain open not less than ten days and shall close five days before an election. The mayor and councilmen shall have the right to purge said books of all persons not eligible to vote. Said registration books shall be open at all times for the inspection of any citizen. Registration of voters. Sec. 5. Be it further enacted, That before entering on the discharge of their duties the mayor and councilmen shall subscribe to an oath to faithfully discharge such duties as shall devolve upon them as officials of the town of Empire. The following oath shall be administered to and taken by the mayor and councilmen, before some officer authorized by the laws of Georgia to administer oaths, towit:

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I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be), of the town of Empire for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my ability without fear or favor, so help me God. Should the mayor or any councilman be absent when the officers qualify he or they shall take the oath of office as soon as possible thereafter. Oath of mayor and councilmen. Sec. 6. Be it further enacted, That the mayor or mayor pro tem. and three councilmen, or four councilmen, (who may elect one of their number to preside) shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however , that when there are no more than four members present it shall require at least three affirmative votes to pass any resolution or ordinance; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or mayor's court, and in all such cases an appeal of the majority of the members present shall be sufficient to find a judgment either for or against the defendant. Said mayor and council shall hold their meetings within the limits of said town, and at such times and places as they see proper. That at the first meeting of the mayor and council after each election the said councilmen shall elect one of their number mayor pro tem. , and also elect a clerk and treasurer, who shall not be the mayor or any councilman. Quorum of council. Sec. 7. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, bylaws, rules and regulations as may in their discretion be

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necessary to enforce all the laws of the State of Georgia applicable to municipal corporations, and which laws in so far as they are not in conflict with this Act are made a part thereof, and to provide penalties for their violation. The mayor shall have the right to vote in case of a tie vote, only. Corporate powers. Sec. 8. Be it further enacted, That they shall have power and authority to lay off, open, close, alter, vacate, curb, pave and keep in good order and repair all streets, alleys sidewalks, crosswalks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; and to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or the owners or occupants of the real property next adjacent thereto; to establish and regulate the markets; to prescribe the time of holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle or other animals or fowls of all kinds from going at large in said town, and to protect places of divine worship in and about the premises; to abate or cause to be abated anything which in the opinion of the mayor and council shall be a nuisance; to regulate the keeping of dynamite and other combustibles; to abate or cause to be abated nuisances in the form of lewd or bawdy houses or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers or other intoxicating alcoholic drinks by whatever name or names the same may be called; to provide in or near said town places for the burial of the dead, and to regulate interments

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therein; to provide for the regular building of houses or other structures and for the making of division fences by the owner of adjacent premises, and a drainage of lots by proper drains and ditches, to make regulations against danger by fire and to provide limits in which no wooden buildings shall be erected; to protect the property and persons of the citizens of said town, to preserve peace and order therein; and for this purpose the said mayor or mayor pro tem. shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all officers appointed or elected by the mayor and council and to fix their terms of office and compensation, require and take from them bonds, when necessary, payable to the town of Empire in its corporate name, with such security and with such penalty as the mayor and council may see fit. conditioned for the faithful discharge of their duty, to erect or authorize or prohibit the erection of waterworks, gas works, or electric lights in said town; to prevent injury or pollution of same or to the same, or to the water or healthfulness of said town, to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, electricity or other power; to enact ordinances preventing the delivery within the incorporate limits of said town of wine, beer, whiskey or other intoxicating liquors, by any corporation, company, partnership or by any other person or persons directly or indirectly, and to enact ordinances providing for penalty for so doing. Said town is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to town of such intoxicants within the incorporate limits of said town, and for the disposition of same by sale or otherwise in the hands of any corporation,

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company, or person whatever. Said town is further authorized and empowered in the exercise of its police powers to provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, however , that the provisions of this Act shall be held and construed to apply to domestic commerce and interstate shipments as distinguished from shipments from beyond State and interstate commerce; to regulate and provide for the weighing of cotton, corn, hay, coal, and other articles sold, or for sale, in said town, and to provide a revenue for said town, and to appropriate same for expenses of said town; to pass all laws, ordinances and regulations for the protection of the inhabitants of said town against small-pox and other contagious or infectious diseases, or for the care of those who may have such diseases or are suspected of having them. Municipal powers. Sec. 9. Be it further enacted, That for the purpose of raising revenues to defray the ordinary expenses incident to the proper support and maintenance of town government that said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said town, and which is not exempt by State law, not to exceed one-half of one per cent, but when that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and the laws of the State of Georgia. Ad valorem tax. Sec. 10. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said town thirty days, shall be liable and subject to

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work on the streets of said town, not to exceed fifteen days in each year, at such time or times as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the said tax assessed in lieu thereof, having received due notice to do so, as said mayor and council may require, shall be deemed guilty of a violation of this Section, and on conviction in the police court of said town, shall be fined in a sum not exceeding five dollars nor less than the amount of street tax so assessed, or by imprisonment in the guard house, or by labor in the chaingang of said town, not exceeding thirty days. Said mayor and council may pass such ordinance as they may deem proper for the enforcing of this Section. Street work or commutation tax. Sec. 11. Be it further enacted, That the mayor and council of the said town of Empire shall have the power to establish a guard house and work-gang in said town and to confine at labor there any persons who have been sentenced by the court of said town to work upon the streets, sidewalks or other public works of said town, and shall have power to make all rules and regulations that may seem necessary for the control or government of such workgangs and enforce the same through its proper authorities. Guard house and work gang. Sec. 12. Be it further enacted, That the mayor and council of said town shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, saloons for the sale of ice cream and other ices, etc., livery stables and lots, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theatres and theatrical performances, dummy

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or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, peddlers of clocks, stoves, machines, or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public playing, every table, device or stand or place for the performance of any game or play, whether played with sticks, balls, rings upon flying horses or contrivance, bicycles, vehicles or skating rinks; insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters, or fish, vegetables, fruits, breads and other articles of food, contractors and builders and all machinists or artisans, barber shops, junk shops, pawnbrokers, and upon all and every other establishment, business, calling, trade, or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession or calling in said town, for which a license is required. Should any person engage or continue in any business, trade, profession, or calling for which any specific tax or license is required by said town by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecute in the police court of said town, and may be fined or imprisoned, in the discretion of the court. The provisions of this Section shall apply to all persons, natural or artificial. License tax.

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Sec. 13. Be it further enacted, That the mayor and council of said town shall have power and authority to make and establish, by ordinance, a fiscal year from which and to which all license shall date. Should any person apply for license in said town for any business for which license is required, at any time after the fiscal year has begun, the mayor and council shall have authority to require of such person the same amount as required for license for the whole year; provided , that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. Sec. 14. Be it further enacted, That the mayor and council shall have full power and authority to enforce by execution the collection of any debt or claim due said town for taxes, license, rents, impounding fees, forfeitures for laying sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts and demands due said town. Said execution to be issued by the clerk of said town and to bear test in the name of the mayor against the property, person, corporation, or firm against which or from whom any such debt or demand is owing, such execution to be directed to all and singular the marshal, deputy marshal, and policeman of the town of Empire, who are authorized to levy the same upon the property against whom it is issued, or on the property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, to-wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for Sheriff's sales, to the highest bidder, before the council chamber, or at such other place as the mayor may determine, notice of which place shall be stated in the

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advertisement of the sale of such property. If said property so levied on shall be personal, it shall be advertised by posting notices at two or more public and conspicuous places in said town for ten days before the day of sale, and if the property levied upon shall be real estate, he shall advertise the same once a week for four weeks in public gazette wherein the Sheriff's sales are advertised for the county of Dodge, if the said land lies in Dodge, or in the county of Pulaski, if the said land lies in Pulaski, and in Dodge county if the land lies in both counties, or in some newspaper published in the town of Empire, before selling the same. All sales as above provided shall be at public outcry, to the highest bidder, and for cash. Said marshal or deputy marshal making such sales shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as Sheriffs of State have. Taxes, etc., how collected. Sec. 15. Be it further enacted, That where any execution shall be issued and levied as provided in the preceding Section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. for State and county taxes, such claim of illegality to be returned to and heard at Superior Court of Dodge county, except where land is levied upon that lies wholly in Pulaski county, in which event said illegality shall be returned to the Superior Court of Pulaski county. Claims and illegalities. Sec. 16. Be it further enacted, That the mayor and council of the town of Empire shall elect, at their first or second meeting in each calendar year, three upright, discreet and intelligent persons, who shall be freeholders and residents of said town, as tax assessors, who shall hold their office for one year, or until their successors are elected

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and qualified. Said tax assessors may be elected from among the members of the town council, or from among other persons, and should any vacancy occur in said board of assessors by death, resignation, removal, or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duty of the office of assessors, each assessor shall take and subscribe the following: I,....., do solemnly swear that I will faithfully perform the duties of tax assessor of the town of Empire, and will make a true and just valuation of all property therein subject to taxation, according to fair market value, so help me God. Tax assessors. Sec. 17. Be it further enacted, That the tax assessors may hear, during the progress of their investigation, such evidence as to value of property in said town as they may deem advisable. If any person is dissatisfied with the valuation of his or her property, as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said town. Said appeal shall be substantially as follows, to-wit: The undersigned being dissatisfied with the action of the town assessors with reference to the valuation of his or her property subject to taxation in said town, comes within ten days from date on which notice of action of said assessors was mailed to him and demands an investigation of the value of said property by the mayor and council of the said town. (Signature)...... Upon the filing of said appeal with the clerk of said town, it shall be the

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duty of the mayor to fix a day upon which said hearing will be had and give the appellant five days notice in writing of said hearing; notice to the agent or attorney-at-law of said appellant shall be sufficient. At said hearing said mayor and council shall hear all legal and competent testimony, and enter judgment accordingly. The appeal hereinbefore provided for shall be signed by the taxpayer, his agent or attorney-at-law. Appeals from assessments. Sec. 18. Be it further enacted, That immediately after the report of said assessors is filed with the town clerk, it shall be his duty to mail a written or printed notice to each and every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors and specifying the valuation of which has been increased. Notice of assessments. Sec. 19. Be it further enacted, That the said mayor and council shall have power to prohibit, by ordinance, the keeping for unlawful sale any amount of whiskey, beer or intoxicating drinks, by whatever name or names the same may be called; the keeping and maintaining of lewd women, or lewd houses; the keeping of any room or rooms for gambling; the having of any whiskey, beer, or other intoxicating drink for the purpose of sale or giving away on election days; the pursuing of one's ordinary avocation or labor on the Sabbath; from loitering or idling within the jurisdiction of said town. Police court of said town shall have jurisdiction to try persons for the commission of any of said offenses committed within the limits of said town, and, upon conviction, punish offenders as hereinafter provided. Places out lawed. Sec. 20. Be it further enacted, That there shall be in the town of Empire a court known as the police court of

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the town of Empire. Jurisdiction of said court shall extend to all offenses herein provided for, and all other of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said town. Said police court shall be held by the mayor and in his absence, disqualification or illness by the mayor pro tem. , at such times and such places in the said town as in his judgment may be necessary. Said police court, upon conviction of any person or persons, may punish offenders by a fine of not more than one hundred dollars, by confinement in the guard house or chain-gang of said town for a term of not more than sixty days, either or all, in the discretion of said police court; that it shall not be necessary in the officers of said town in making arrests for an affidavit to be made or warrant to be issued to authorize any arrest for violation of the ordinances of said town. Police court. Sec. 21. Be it further enacted, That all trials in the police court of said town shall be held under such rules and regulations as the mayor and council may adopt. Practice in police court. Sec. 22. Be it further enacted, That the said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summons for witnesses, books, papers, in as full and complete a manner as the courts in this State may now do; to punish as for contempt failure to obey its legal summons; to grant continuances under rules of law; to take bonds and recognizances for appearances at its session and to forfeit the same under rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and thing necessary for the

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proper enforcement of its authority as a court; provided , that no fine for contempt shall exceed the sum of ten ($10.00) dollars, or imprisonment in the guard house for more than five days. Sec. 23. Be it further enacted, That any persons convicted in the police court of said town for a violation of any of the ordinances or by-laws thereof, shall have right of certiorari to the Superior Court of Dodge county, or he may have the right to appeal to the mayor and council of said town if the said mayor and council shall see fit by ordinance to provide for such appeal, otherwise, certiorari, as aforesaid, shall be the only remedy. Appeals and certiorari from police court. Sec. 24. Be it further enacted, That the mayor and mayor pro tem. of said town shall have, in addition to the jurisdiction of justices of the peace over all the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of said town's police jurisdiction, it shall be the duty of the mayor and mayor pro tem. , as the case may be, after investigation, to commit the offender or offenders to jail, or bail, to answer to the court having jurisdiction of the offense. Commitments. Sec. 25. Be it further enacted, That said mayor and council shall have authority, in their discretion, to establish and put into operation a board of health, and to pass all ordinances and regulations, prescribing penalties for violation of the same necessary for the purposes of maintaining such board of health, and providing penalties for such violations, to prevent the spread of any contagious or infectious diseases; also, to have complete control of persons who have been exposed to contagious or infectious

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diseases, and to make any and all necessary arrangements for their protection and the protection of the inhabitants of said town. Board of health. Sec. 26. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said town, and they shall have power to prevent the erection of any building within said town without the person or persons wishing to build first appealing to the mayor and council and obtaining a special permit; said permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be erected; this applies to all buildings or structures, however small the cost of erecting the same may be, or however insignificant the value of the building or structure may be when completed, and whenever in the judgment of the mayor and council any structure or building is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance, and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails or refuses to abate such nuisance within a reasonable time, such a time to be determined by the mayor and council, then said mayor and council may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance, after such party has had notice to abate the same. Building permits, etc.

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Sec. 27. Be it further enacted, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railways, waterworks, gas works, electric light wires, lines or systems, or they shall have right and power to grant right-of-way to railroads, street railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions and restrictions as said mayor and council may prescribe. Transportation, waterworks and lights. Said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of said public utilities in the manner hereinafter provided, and whenever said mayor and council shall, in the exercise of their authority conferred in this charter, find it necessary to take private property and they cannot agree with the owner or owners thereof as to compensation to be paid, they may take such property upon the following terms: Municipal bonds. Sec. 28. Said mayor and council shall cause to be served on such owner or owners, or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be used, the time and place, when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Condemnation proceedings. Sec. 29. It shall be the duty of the mayor and council to appoint one freeholder in said town, and the owner or owners of the property sought to be condemned, or his or their agents, shall appoint another freeholder; provided , that said owner or owners, or his or their agents, shall fail or refuse such freeholder, then the mayor and council shall appoint a second freeholder and the freeholders appointed

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in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath to faithfully discharge their duties, hear all legal evidence offered by the parties and assess the damage or compensation to be paid to the owner or owners of such land, and under their award, which must be signed by at least two of said freeholders. Said award shall then be filed with the town clerk. Should the first two freeholders, as above provided for, be unable to agree upon a third, then said mayor and council shall likewise appoint the third freeholder. Sec. 30. Provided , That either party dissatisfied with the award of assessors may within four days after the same is filed, enter an appeal to the Superior Court of Dodge county. Except where the land lies wholly in Pulaski county, then in that event, the appeal shall be returnable to the Superior Court of Pulaski county. The mayor and council may, after payment to owner or owners, or his or their agents, of the sum found by the assessors proceed to appoint, lay off, straighten, or otherwise change said street, ward, alley or lane, pending an appeal by the owner or owners of any land sought to be condemned for such purposes. Appeals from awards of assessors. Sec. 31. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious or infectious diseases in said town. Quarantine. Sec. 32. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof, he may be apprehended whenever

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he may be found in this State, and the warrant of the mayor or mayor pro tem. of said town shall be sufficient authority for his return and trial upon the charge resting, and all persons escaping from custody of said town may be tried again for such escape and punished not exceeding penalties hereinbefore provided. Fugitives from justice. Sec. 33. Be it further enacted, That said mayor and council shall have power and authority to elect a clerk and treasurer, which offices are hereby combined; the town marshal, who shall be the chief of police of the town, and as many policemen as in their judgment; street overseers, attorney, town physician, and such other officers as the necessities of the town may demand; they may, by ordinance, prescribe the term of office and the duties of such officers and fix their salaries. Municipal officers. Sec. 34. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or water-closet accommodations upon such premises as may be prescribed by ordinance by the said mayor and council. Sanitary regulations. Sec. 35. Be it further enacted, That said mayor and council shall have power and authority, by ordinance, to provide suitable regulations on the subject of drainage, sewerage and plumbing and all and everything else that may be necessary for the improving of the sanitary condition of said town. Said mayor and council are authorized to lay down sewerage through private property in said town, or outside corporate limits of said town, if such be necessary to the public welfare; provided , before so doing, they shall regularly condemn such private property by the

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method hereinbefore laid down for the taking of private property by the State. Drainage and sewerage. Sec. 36. Be it further enacted, That said mayor and council have power and authority to issue bonds of said town in such sums and at such times as they shall see proper, not to exceed in the aggregate at any time the sum of ten thousand ($10,000) dollars, and of such denominations and in such amount as they see fit; said bonds not to bear interest at a rate in excess of seven per centum per annum, and to run for a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of maintaining and operating a system of waterworks, system of sanitary sewerage, system of street railways, a system of public schools and the erection and furnishing of the necessary buildings for such school and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the town, and shall be negotiable in such manner as said mayor and council may determine to be for the best interest of the town; provided, however , that said bonds shall not be issued for the above said purposes until the same shall have been submitted to a vote of the qualified voters of said town and approved by two-thirds majority of the qualified voters of said town voting in such election. Bonds for public utilities and schools, how issued. Sec. 37. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said town for the purpose of determining whether or not there shall be an issue of bonds for any purpose hereinbefore provided, of which

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election there shall be given thirty days notice by a publication in the organ in which legal advertisements of Dodge are published, or in some paper published in the town of Empire, and also by publishing a written or printed notice in three public or conspicuous places in said town, stating the day of election, the amount of bonds to be issued, what rate of interest they are to bear whether the interest is to be paid annually or semi-annually, and when bonds shall be finally paid off. Said election shall be held on the day published in said notice, at such place as may be determined by the mayor and council, which place must be designated in the notice of said election, and shall be held by the same person and in the same manner and under the same rules and regulations as for mayor and council; same qualifications of voters of said election shall be required at said election for mayor and council. That the ballots cast at said election shall contain the words for bonds or against bonds, and unless for bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued; but if for bonds shall receive a two-thirds majority, said bonds may be issued. Election for bonds. Sec. 38. Be it further enacted, That the mayor and council of said town may provide, by ordinance, such rules and regulations as to them may be proper in order to establish and maintain a system of free schools in said town of Empire. That all fees, forfeitures and costs arising from the police court of said town be used for school purposes, or for the improvement of the streets of said town or other purposes. Sec. 39. Be it further enacted, That the Ordinary of Dodge county may order an election in the town of Empire within six months after the approval of this Act, or at any

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subsequent time upon a petition of one-fourth of the qualified voters of said town, and upon the application of the mayor and councilmen of said town, in reference to the establishing of a free school system as provided for in the foregoing Section of this Act. All persons voting at said election shall have written or printed on their ballots for free schools or against free schools, and if the question shall be decided affirmatively by a two-thirds majority, this Act shall become operative and the mayor and council shall proceed to establish said schools in accordance with the same. Election for free schools. Sec. 40. Be it further enacted, That mayor and council of said town shall have power and authority to grade, pave, macadamize, cover, or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said city with rock, brick, asphalt, or such other material as in the judgment of the mayor and council is most economical and durable. In order to carry into effect the above, said mayor and council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary on the real estate abutting on such a street or sidewalks. Said mayor and council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third on the real estate on the other side of the street so improved. The real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or

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other railroad having tracks running through or across the streets of said city shall be required to pave or mecadamize or otherwise improve streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize by an ordinance passed for that purpose, the assessments against all real estate for the above purposes as to them seem just and proper, estimating the total cost of each improvement made and prorating the cost thereon on the real estate according to its frontage on the street or portion of the street so improved, or according to the area of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessments. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessments, which execution may be levied by the marshal or any policemen of the said town on such real estate, and after advertising or other proceedings, as in case of tax sales, the same shall be sold at public outery to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshall, or policeman acting for him, shall have authority to eject occupants and put purchaser in possession, provided , the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all costs,

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shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Dodge county, (except when the land levied upon lies wholly in Pulaski county, then in that event, the proceedings shall be returned to the Superior Court of Pulaski county), and there tried and the issue determined, as in cases of illegality filed for the purpose of delay only. The mayor and council shall have power and authority to pave the whole surface of the streets, without giving any railroad or street railroad company, or other property holder occupant of the street the option of having the space to be paved by themselves, or by contract at his or her instance, the object being to prevent delay and secure uniformity. The lien for assessments on abutting and on street railroads and other railroad companies for street or sidewalk paving, curbing, macadamizing, gradings or draining shall have rank and priority of pavement next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said mayor and council shall have power and authority to prescribe, by ordinance, such other rules as they, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution against the adjacent property owner and railroad companies, or other occupants of the streets or alleys of said town. Streets, etc. Sec. 41. Be it further enacted, That should the mayor and council determine, in accordance with the provision hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one

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per centum per annum, sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Tax to pay bonds. Sec. 42. Be it further enacted, That any officer of the said corporation of the town of Empire who may be sued for any act or thing done in his official capacity may be justified under this charter, and that the provision of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said town, or either of them, for any act or acts done by them, under and in accordance with the provisions and in accordance with the ordinances passed in pursuance thereof. Charter defenses. Sec. 43. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1911. FAYETTEVILLE, CITY OF, CHARTER AMENDED. No. 304. An Act to amend the charter of the city of Fayetteville, in the county of Fayette, and for other purposes. An Act to amend the charter of the city of Fayetteville; to provide that all valid contracts heretofore entered into by the city of Fayetteville, or by its authorized officials,

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shall be good and valid for or against the city of Fayetteville; to provide that all by-laws and ordinances heretofore passed, not in conflict with this charter shall be binding and enforceable; to define its corporate limits; to provide a government for the city, and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation; to provide for its public schools, water works and sewerage systems, street and public improvements, and the regulations and ordinances in force in said city; to provide for a mayor and board of councilmen and other officers for the city of Fayetteville, and to prescribe their powers and duties, and the manner of their election; to provide for a system of water works; to provide for a board of health; to declare and define the police powers of the city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define the method of arriving at the value of such property and compensating the owner thereof; to authorize the city of Fayetteville to establish a public school system, a system of waterworks and a system of electric lights or a gas plant, to authorize the city of Fayetteville to issue bonds or other evidence of debt for public purposes; to provide for taxation and the granting of license to all kinds of business, trades, callings or professions; and to provide for other matters of municipal regulation, concern and welfare, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the name heretofore given, The City of Fayetteville, shall be retained and from and after the passage of this Act, all Acts and laws heretofore passed,

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and the Acts amendatory thereto, be so amended, superseded and changed as that the charter of the city of Fayetteville shall be as follows: Said municipal corporation is hereby reincorporated and made and continued as a body corporate and politic under said name as the city of Fayetteville, without any break in the continuity of its existence, it being the same corporation, and under said name said city shall have perpetual succession, and the right to contract with and be contracted with, to sue and be sued, to plead and be impleaded, and to have and to use a common seal, to do such things as may be needful for the government, good order and welfare of said city and its inhabitants, to exercise said powers, functions, privileges and immunities as belonging to municipal corporations generally under the laws, as well as those hereinafter specially enumerated, and to do all other acts and things relating to corporate capacity, and also under said name to purchase, hold, lease, receive, enjoy, possess and retain for the use and benefit of said city, any property, real or personal, of whatever kind or nature soever within or without the limits of said city, for corporate purposes, and to hold all property and effects now belonging to said municipal corporation for the purposes and intents for which the same was granted or dedicated; and to use, manage, improve, sell, convey, rent or lease, or otherwise deal with any and all property at present owned or which may be hereafter required by said city. Fayetteville, city of, reincorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend three-fourths of one mile in every direction from the center of the present court house of Fayette Superior Court now located in said city. Corporate limits.

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Sec. 3. Be it further enacted, That all corporate rights, powers and privileges now possessed by all duties imposed by law upon said municipal corporation are hereby preserved unto said city under its charter as amended. All Acts and parts of Acts of the General Assembly of the State relating to said city, and all resolutions, regulations and ordinances heretofore adopted by the authorities of said city and in force therein at the time of the approval of this Act, and all parts of the same, shall remain in force, save such of each as are in conflict with the provision of this Act, such ordinances, regulations and resolutions may be hereafter amended or repealed by the mayor and councilmen of the city. All property and property rights now held, owned or possessed by said city, and all obligations of every kind and character due to or by said municipal corporation shall remain unchanged and of full force. All pending suits or claims by or against said city are preserved intact and unaltered. The present mayor and councilmen and employees of the city shall continue to discharge the duties of their respective offices and positions until their successors are elected and qualified or appointed, as the case may be, or until they are removed in accordance with the provisions of this charter or the ordinances of the city. Rights and powers confirmed. Sec. 4. Be it further enacted, That the municipal government of the city and its corporate powers shall be vested in and exercised by the mayor and board of councilmen and also by officers, agents and employees under their authority, except when otherwise provided. Said mayor and councilmen as a body shall be known as the city council and they shall hold office as heretofore provided. The mayor and each councilman at the time of his or their election must have been a resident of the city for at least twelve months before his qualification. In the event that the office

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of mayor or either of the councilmen shall become vacant by death, resignation, removal or otherwise, the city council shall by resolution order an election to fill such vacancy, and shall give at least ten days notice thereof in one or more papers published in said city, or by posting in the most public places of said city. And the election so held shall be held in the same manner as ordinary municipal elections; provided, however , that if any of said offices shall become vacant at any time within three months of the expiration of the term of office, said city council shall have the right and power to fill said office for the remainder of the term by selection made by the city council without submitting the same to the voters of the city, if, there shall have remained in office a quorum of the elected officers. Mayor and councilmen. Sec. 5. Be it further enacted, That the mayor and councilmen of said city shall be citizens of the State of Georgia, and citizens of the United States by birth, who have been citizens of the city of Fayetteville for at least one year preceding the election and shall be qualified voters of the city; and persons qualified to vote for members of the General Assembly of Georgia shall be entitled to vote for the mayor and councilmen of said city, or for any other officer of the city, subject to the election of the people thereof, or at any other municipal election held in said city; provided , such person has resided in said city at least twelve months before the election and is registered as is required by the ordinances of said city. Qualifications of mayor and councilmen. Sec. 6. Be it further enacted, That the election for mayor and councilmen of said city, as well as any and all other municipal elections held in said city, shall be held under the same rules and regulations, as nearly as practicable, as elections for members of the General Assembly;

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the mayor and councilmen of said city shall have the right to appoint for said city any three freeholders or any two freeholders and a Justice of the Peace, who are residents of said city, and not candidates or directly interested in the result thereof to conduct such elections. The managers shall each before proceeding with the election take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or Justice of the Peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote who is not entitled to do so according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled. And we will not, knowingly, divulge for whom or how any vote was cast, unless called upon by law to do so; so help us God. Said oath shall be signed by all superintendents or managers, and shall be made and subscribed before some officer authorized to administer oaths. Said managers shall hold such election under the usual rules and regulations governing such matters, and shall count the votes, and when the votes are all counted out, the managers shall sign a certificate, stating the number of votes each person, or each side of the question, voted for, as the case may be, received at said election, and the list of voters and the tally sheet must likewise be signed by the managers holding said election. Said certificate together with one tally sheet and one list of voters shall be securely sealed in an envelope, with the name of the managers endorsed thereon, respectively, and then delivered to the clerk of the city council, who shall keep same safely and return them to the next meeting (either call or regular) of the mayor and councilmen who shall receive and open said returns and declare the result of the election by formal resolution which shall be entered upon the minutes of the city

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council. One list of voters, one tally sheet and all the ballots cast in said election shall be sealed by the managers with their names endorsed on the package respectively and returned by them to the Ordinary of said county of Fayette; and all contests growing out of said election, or concerning the same, shall be before the Ordinary of the said county, and heard and determined by him as in the cases of other contests, under the general rules and law governing said matters, and no such contest shall be allowed or heard from him unless begun within five days after the election. Election of mayor and councilmen, how held. Sec. 7. Be it further enacted, That the place of holding all municipal elections in said city shall be at the court house or city hall, as they may deem expedient, and the time of day for keeping open the election shall be from eight o'clock A. M. to four o'clock P. M., central standard time. The managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. The city council may provide by ordinances for regulating and safe-guarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Elections, where held. Sec. 8. Be it enacted, That before entering upon the duties of their respective offices, th mayor and councilmen shall make and subscribe the folowing oath, which shall be administered by any person qualified to administer: I do solemnly swear that I will faithfully and impartially discharge all the duties devolving upon me, (as mayor or councilmen, as the case may be), of the city of Fayetteville, and that I will, to the utmost of my skill and ability, endeavor to promote the interest and prosperity of said city and its people, during my continuance in office, and without

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fear, favor or affection. A record shall be entered on the minutes of the city council that this oath has been taken and it shall also be recorded as to who administered this oath. Oath of mayor and councilmen. Sec. 9. Be it further enacted, That beginning with the first session of the city council elected after the passage of this Act, and annually thereafter, the city council shall fix the salary of the mayor and councilmen and same not to be changed thereafter during their respective term of office, and to be paid monthly out of the general revenues of the city; provided, however , the salary of the mayor shall not exceed $100.00 per annum and that of each councilman shall not exceed $24.00 per annum. Salaries. Sec. 10. Be it further enacted, That there shall be elected annually by the mayor and councilmen, at their first session, and from their own body, a mayor pro tem. , clerk of council, city treasurer and one or more tax assessors, the number being optional with the city council at the time of election of tax assessors, who shall act in conjunction with one freeholder in assessing taxes as hereinafter provided for. The said freeholder to be appointed from the city at large. The mayor and councilmen shall also elect a marshal, chief of police, city attorney or such other officers, agents or servants as the city council shall deem expedient for the best interest and welfare of the city. It shall be optional with the city council whether said officers, agents or servants shall be elected annually or monthly. They shall each hold their office until his or their successor is elected and qualified, unless removed for cause to be judged by the mayor and councilmen. They shall receive a reasonable sum as compensation for their services, to be fixed by the mayor and councilmen preceding every election,

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which shall not be increased or diminished during the term for which they are elected. The clerk of council shall be ex-officio tax receiver and the marshal shall be ex-officio tax collector, and their duties as well as the duties of other officers and agents shall be prescribed by ordinances. On entering the discharge of their duties they shall take and subscribe an oath to faithfully perform the duties of their respective offices, and they shall each enter into bond with good security, payable to the city of Fayetteville, in such amount as may be fixed by the city council for faithful performance of their duties. The mayor and councilmen may also appoint special policemen when, and in their judgment, such appointment may be necessary, such policemen to be discharged when the emergency requiring their service is past, and to be compensated as the mayor and councilmen may determine. The mayor shall at the first session of the city council after elected appoint standing committees whose duties and powers shall be fixed by ordinances. All officers, agents and servants of the city, appointed or elected by the city council, shall at all times be subject to the jurisdiction of the same and amenable to their discipline, and the city council shall have the power at any time to suspend, fine or remove any of said persons from office or positions held by them respectively by a majority of the vote, for any cause that may seem just or proper, and after a fair opportunity to be heard. The mayor and councilmen shall also have the authority by ordinance, to establish a board of health for said city, and also such other boards as they may from time to time deem expedient, to place different departments or branches of the government, functions, administrations and work of the city under the charge, management and supervision of such boards respectively, and to define their powers and duties and to appoint the members

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of such boards, to prescribe compensation if there should be any. Municipal officers. Sec. 11. Be it further enacted, That the city council shall be composed of a mayor and five councilmen, and that three councilmen shall constitute a quorum for the transaction of all business, but in all cases a less number may adjourn from time to time and may compel the attendance of the absentees. Any councilman shall have the right to call for the ayes and nays, and have the same recorded and spread on the minutes in all cases. The mayor shall have no vote except in the case of a tie. He shall have the revision of all ordinances, orders and resolutions passed by the board of councilmen, and the said mayor shall have three days after the meeting at which the councilmen vote in which to file with the clerk in writing his dissent, but the councilmen may pass said ordinances, orders or resolutions notwithstanding the veto by a vote of four-fifths, to be taken by ayes and nays, and entered on the minutes. Quorum of council. Vote and veto of mayor. Sec. 12. Be it further enacted, That the mayor of the city shall be the presiding officer of the city council. He shall also be the chief executive officer of the city government, and shall see that all laws, ordinances, orders, by-laws, resolutions and regulations of the city council, or of any department of the city are properly executed and enforced, and that all officers of the city shall properly execute and perform their duties. He shall have special control of the police of the city and shsll see that the peace and good order of the city are preserved, and that persons and property therein are protected; and to this end he may cause an arrest and detention of all violators and disorderly persons in the city before issuing warrants therefor. He shall in all things exercise general supervision over the

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affairs of the city and shall make such recommendations to the city council from time to time as may to him seem proper for the public good. He shall keep advised with reference to each department of the city and the manner in which the same is being operated. He shall see that each department is being honestly and efficiently conducted upon business principles and without regard to politics. He shall have the power also to pardon persons who are convicted of offences against the city ordinances, and also to commute, suspend, vacate or reduce sentences imposed by any court of the city. In the case of absence, disqualification or disability of the mayor, the mayor pro tem. shall discharge his functions, and if he, for the same reasons cannot act, then another councilman shall be selected by the board of councilmen to act temporarily. Powers of mayor. Sec. 13. Be it further enacted, That the said mayor and councilmen of the city shall hold regular meetings of the city council at least once a month, the time of meeting to be fixed by ordinance, for the consideration and transaction of such governmental, legislative, administrative or corporate or municipal business or matters as may come before them; and they may also hold such special meetings from time to time as they may deem proper, such special meetings to be called by the mayor, or mayor pro tem. , or upon the written request of any two members of the board of councilmen. Notice of such special meeting shall be given to each of said officers who are in the city at the time, and at such called or special meetings the mayor and councilmen shall have the right and power to transact any governmental or municipal business which they are legally authorized to transact at any regular or stated meeting. Meetings of council. Sec. 14. Be it further enacted, That the said mayor and councilmen shall have the right and power in the name

Page 1182

and behalf of said city to make such contracts, and to do such things as may be necessary or expedient for the peace, good order, health, safety, benefit and general welfare of the said city and of the inhabitants thereof; and shall also have the right and power to exercise the full power of the State within said city, and also to make rules and regulations, and to pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the purposes of the government of said city and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said city and the inhabitants thereof. General welfare. Sec. 15. Be it further enacted, That the mayor and councilmen of said city shall have full power and authority to provide by ordinances for the registration of all voters prior to any election of municipal officers, bond elections, special elections of any kind, or any other municipal election in said city; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid; and to fix suitable penalties for the violation of such registration ordinances or parts of the same. Registration of voters. Sec. 16. Be it further enacted, That the said mayor and council shall have the power and authority to open, lay out, widen, straighten, vacate, close, abolish, pave, drain, curb, alter, or otherwise change and keep in good order and repair, renew and repave streets, alleys, lanes, bridges, sidewalks, crossways, drains and gutters within the city limits of said city, and to improve and light the same, and to keep them freed from obstructions for the use of the public or any of the citizens of the said city; and to regulate the width of said walks and streets; to compel the owners

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or lessees of the property to pave, repair, renew and repave the streets, and put down, repair and renew curbing and sidewalks along the same under the directions of the proper officers or committee of said council and said city and mayor and councilmen thereof are hereby expressly authorized and empowered to drain, grade, macadamize, repair, renew and repave and improve the public streets, alleys and lanes and sidewalks of said city, and to put down, repair and renew curbing; side drains, cross drains, crossings and other improvements thereon; and to charge, assess and collect the expense thereof as provided by this charter, provide for paving and improving the streets, alleys and sidewalks, etc., in said city and assessing the cost thereof, etc.; where executions are issued they shall be signed and issued by the clerk of the council. All provisions of this charter are hereby made available for and applicable to renewing, repairing and repaving the streets, sidewalks, etc., of the city, and the mayor and councilmen of said city are hereby authorized and empowered to use said method for said purposes whenever, in their discretion, they shall deem such work or improvements necessary, likewise, said mayor and councilmen may cause the owners and occupants of property abutting on the public streets of the city to put out suitable shade trees along the streets and sidewalks in front of their property; and in the event that such person fail or refuse to put out such shade trees within ten days after being notified to do so, said mayor and councilmen, or through its committee or an officer may set out trees of a suitable variety along the public streets and sidewalks of the city in front of said property, and charge and assess the expense of same against such real estate in front of which the same trees were set out and against the owner or owners thereof, and in the event that the bills for said trees, and the expenses for setting them out are not promptly

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paid, executions may be issued against the real estate so assessed and against the owner thereof, and levied and collected; provided , that no charge of more than $1.00 per tree can be made. Streets, etc. Sec. 17 Be it further enacted, That said mayor and councilmen shall have full power and authority to protect places of worship; to provide cemeteries and places for the burial of the dead, whether within or without the city limits and to regulate interments therein, and to provide by ordinances for the protection and care of such cemeteries and burial places and to fix penalties for the violation of the provisions of such ordinances; to abate or cause to be abated, anything which, in their opinion, is a nuisance or source of disease, disorder, or annoyance; to regulate privies and water closets; and also for the keeping of gun powder, dynamite, gasoline, benzine, and other combustibles; and to regulate the sale of ice and milk, and to provide for the inspection of same; to regulate or prohibit the shooting or explosion of fireworks; to make regulations for guarding against fires; to provide for fire escapes in all buildings three or more stories in height; to establish fire limits and to prescribe the material out of which the buildings shall be constructed therein, by ordinance, and from time to time enlarge and restrict the same, and to provide the penalties for violating the provisions of such fire limits ordinances; to regulate or prohibit the running at large within the limits of said city of horses, cows, goats, sheep, cattle, hogs, fowls, or other animals or things, and to take up and impound the same; and to regulate and to control the keeping of dogs within the city, and to provide for a tax on dogs and for taking up and impounding them; to prohibit disorderly and bawdy houses; and to adopt all other regulations and ordinances necessary or expedient

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for providing for the public safety, welfare, health, morals of the city and its inhabitants. Police powers. Sec. 18. Be it further enacted, That the mayor and councilmen, in the event the liquor prohibition Act of the General Assembly, approved August 6th, 1907, should ever be repealed, shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malts and intoxicating liquors of every kind whatever in said city; to grant license for the sale of same, and to fix the price of said license; provided , the same shall not be less than twenty-five thousand dollars; to establish such regulations and restrictions for the sale of same as they may see proper; and to impose penalties upon persons selling liquors, beers, wines and other intoxicating drinks without license or for violating any of the city ordinances regulating the sale of same. That said mayor and councilmen shall have power to license and regulate the sale of near beer, bud, etc., and all similar beverages and other imitation or substitute for beer or other malt liquors, which are not intoxicating, or else to prohibit the sale of same entirely, should they deem such prohibition expedient or advisable in their discretion; provided, further , that the license to sell any kind or brand of near beer shall not be less than five thousand dollars. The mayor and councilmen may provide by ordinances against what is known as blind tigers, or persons engaged in the clandestine sale of spirituous, malt and intoxicating liquors, and for the punishment of those who may make such sales. Sale of intoxicants. Sec. 19. Be it further enacted, That the city of Fayetteville is hereby granted the power of eminent domain, and the mayor and councilmen are hereby authorized and empowered to condemn lands without or within its corporate

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limits for the erection of public buildings for said city for public parks, water supply, sewers, crematories, farms for handling and disposing of sewerage and other public purposes and improvements, as provided for by the Act of the General Assembly providing a uniform method of exercising the right of condemnation, taking or damaging private property, approved December 18, 1894, and any Acts of the Legislature amendatory thereto; and they are also authorized similarly to take and condemn personal property in the same manner when needed for public purposes of the city. Power of condemnation. Sec. 20. Be it further enacted, That the city council of Fayetteville shall have power and authority to grant franchises, easements, and rights of way over, in, on or along the public streets, lanes, alleys, sidewalks, parks and other property of the city, on such terms and conditions as they may fix by ordinance. Provided , that no such franchise or easement or right of way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said city, to be provided for in said franchise or ordinance; and provided, further , that no such franchise shall be granted until the application for the same, with the description of the nature of the franchise, the street on which desired, the terms upon which asked, and the time at which it will be acted upon shall have been advertised, at the expense of the applicant, once a week for four weeks in a newspaper published in said city; and provided, further , that the city council shall have authority to revoke all franchises so granted for the violation of any of the terms and conditions upon which the same was granted. Franchises. Sec. 21. Be it further enacted, That the mayor and councilmen of the said city of Fayetteville shall have the right

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and authority to contract, own, use and operate for municipal purposes and for the use and benefit of the inhabitants of the city, and for profit, a system of waterworks, a system of electric lights, a system of gas works, a system of street railway, any one, more or all as and whenever they may consider it expedient; to make rules and regulations regarding the use of same, and fixing prices and rates, and to provide by ordinance for the punishment of those who illegally use water, electricity or gas, or service from the public works, or who illegally divert such gas, water or electricity from its proper channels of transmission. When the consumer of such gas, water or electricity furnished by the city, shall fail to pay for same promptly when due, the mayor and councilmen are hereby authorized to cause execution to be issued in favor of the said city and against the delinquent consumers for the amount of unpaid bills, which shall be enforced and levied as in cases of other executions running in favor of the city, and also out of the water, electricity or gas supply until the bills are paid, either method or both, at their option, and in event that such supply is cut off, they may provide for a reasonable time for turning same on. Waterworks, lights and street railways. Sec. 22. Be it further enacted, That said mayor and councilmen shall have authority and control over all street railroads, electric light and power plants, gas plants, ice plants, factories and wagons, and dealers in ice and telephone lines and exchanges and other public utilities doing business in said city, and over the persons, firms and corporations owning, leasing or operating the same within the limits of the town, and to regulate the business conducted by said public utilities and ice factories and dealers in ice, and the operation of same, and, also to fix the rates

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and charges for public services; provided , such rate so fixed shall be reasonable. Control of public utilities. Sec. 23. Be it further enacted, That the mayor and councilmen or the appropriate department or officer of the city shall have the right to compel the house owner or proprietor, using water, light or electric current, or other conveniences supplied by the municipal government of the city of Fayetteville, to install at the expense of such owner or proprietor, meters or apparatus of such pattern as may be prescribed by the appropriate department for the measurement of the commodity thus furnished. Gas meters, etc. Sec. 24. Be it further enacted, That said mayor and councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attend by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; also to make appropriations and payments from the general fund of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial manufacturing and other enterprises into the city, and also for making contributions to any board of trade or chamber of commerce or like body in said city, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the city for the support of public hospitals, libraries and charities and other eleemosynary institutions in the city, and also for a military company. Advertising, etc. Sec. 25. Be it further enacted, That the city council of Fayetteville shall have power and authority to issue bonds

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for and in the name of said city for any of the following purposes, to-wit: Municipal bonds. For building and equipping public school buildings, whenever a public school system shall have been established as provided in preceding Section. For establishing, enlarging and improving a system of water works, a system of electric lights or a gas system for the city, and laying water mains and sewers, paving, macadamizing, repairing and improving the public streets, highways, lanes and alleys, bridges, crossings or culverts of the city, and for the purpose of building a city hall, a public auditorium and any other public building and works that may be needed for the city. Before bonds of the city shall be issued for any of the foregoing purposes, the city council of Fayetteville shall, by appropriate resolutions or ordinances, direct and provide such bonds shall be issued and shall specify the purpose and amount thereof. The rate of interest to be paid annually, when to be paid off, the place of payment and other terms and details thereof (all of which provisions the city council shall have the right to fix and determine according to their best discretion) and shall also in said resolution or ordinance call and provide for the holding of any election on the subject and for published notices thereof, as provided for by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more of the before stated purposes as deemed expedient by said city council; provided, always , that the limits of the total bonded indebtedness of said city, as fixed by the Constitution of the State shall never be exceeded.

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Should two-thirds of the qualified voters of the city vote in favor of issuing bonds at any election called by said city council as hereinbefore provided, then and in such event said city council shall at and before the time of issuing bonds authorized by such election provide for the assessment, levy and collection during the life of said bonds of an annual tax upon all property in the said city, subject to taxation, sufficient in amount to pay the principal and interest of such bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter, shall become obligatory and binding upon said city and its tax payers, with all the qualities of commercial paper. Said city council is hereby authorized to negotiate and sell any of the bonds or series of bonds issued by said city and proceeds of such bonds, when sold shall only be applied for the purposes for which they were respectively issued. Sec. 26. Be it further enacted, That whenever any bonds are issued by said city, it shall be the duty of the city council to provide a sinking fund to pay off the principal of such bonds or series of bonds at their maturity; the city council of said city is hereby required and empowered for the purpose of paying the principal and interest, either or both, of the bonded debt that may hereafter be created by the city of Fayetteville, and taking care and handling and investing the sinking fund provided and raised by said city for the payments of its bonds at maturity, respectively, to create a board of commissioners to be known as the Sinking Fund Commissioners of the City of Fayetteville, and to provide for the number of persons who shall compose such commission, and for their election or appointment, their qualifications, terms of office, compensation, if any, duties and powers, and to make all needful rules and regulations

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for the government of said commission and the management of sinking fund. Sinking fund. Sec. 27. Be it further enacted, That the city council of Fayetteville shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said city; to negotiate a temporary loan or loans and to execute a note or notes therefor, in the name of said city, as may be provided by special resolutions or ordinances for the purpose; provided , that the total sum so borrowed in any one year shall not exceed one-fifth of one per centum of the assessed value of the taxable property within said city for that year; and provided, further , that said loans shall always become due and payable and be actually paid in full before December thirty-first of the year in which borrowed. Temporary loans. Sec. 28. Be it further enacted, That after the establishment of water works, a light and power plant, it shall be the duty of the city council, or of the appropriate committee or board or department having charge of the same, to see that a full supply of fresh, pure water is furnished to the citizens of the city, and that the water supply is adequate for fire protection; to adopt such rules and regulations as may be necessary for the maintenance and government of said water works system; to lay out, contract, repair, alter water mains or pipes, as may be necessary, to provide proper pumps, pumping stations, reservoirs, etc., as may be required; to fix water rates for different consumers, properly classifying the same with reference to the amount of water consumed, so that each class may be treated alike; to make regulations governing the use and supply of water and to provide for the protection of the water works system, and of the main pipes of the water supply and similarly, in the event said city installs and

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operates an electric light and power plant, or gas plant, either or both, it shall be the duty of the city council, or its appropriate committees or board or department, having charge of same, to see that abundant lights shall be supplied to the city and its inhabitants for the purpose of adequately lighting the streets and public places of the city, and furnishing lights to the halls, theatres, stores, residents and other consumers in said city; to adopt such rules and regulations as may be necessary for the maintenance and government of said system; to fix rates for different consumers, properly classifying the same with reference to the amount so consumed so that each class shall be treated alike; to regulate the installation of wires and other appliances for use of the electric current in any form, and to regulate the piping of house for gas and transmission of gas in the city; to see that the electric wires are properly installed, insulated and protected, so as to safe-guard the lives and property of the public; to make such other regulations governing such electric and gas systems, and the transmission of gas and of the electric current as may be proper and expedient. Control of public utilities. Sec. 29. Be it further enacted, That it shall be the duty of the city council, or the appropriate committee or board or department having same in charge, to see that the drainage and sewers of the city are adequate and sufficient (should same be installed) and that the sewerage system of the city be laid and extended as rapidly as possible so as to cover all parts of the city; to provide proper regulations for making connections with the sewers for flushing same; to make it compulsory upon the people of the city when sewers are constructed to connect with such sewers; and to provide for the protection, operation and extension of the sewer system of the city; to see that the streets, lanes,

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alleys and public places of the city and the premises of the citizens thereof are kept clean; to provide for the removal of garbage, night soil and other refuse, and for keeping the city in a perfect sanitary condition in every respect; and to provide adequate penalties for the violation of any of the sanitary rules and regulations of the city, and also to cause the owners of lots and parcels of land in said city to drain same or to fill same so as no pool of water will stand thereon; and also to compel the owner or owners of cellars or dry wells holding water to drain or fill up same, and in the case that the owner or owners of such lots of land or cellars or unused wells shall fail or refuse to drain or fill up same, and in the case that the owner or owners of such lots of land or cellars or unused wells shall refuse to drain same, it shall be lawful for the city council to cause the same to be done and to cause an execution to be issued against the owner of said property for the expense thereof; also to appoint a sanitary inspector clothed with such powers as may be prescribed by the city council, in order that the city may be kept in a sanitary condition, and that the sanitary regulations may be enforced; and said city may provide by ordinance for appropriate penalties for the punishment of persons, firms or corporations who shall violate any of the sanitary rules and regulations of the city. Drainage and sewerage. Sec. 30. Be it further enacted, That the mayor and councilmen shall have full power and authority to provide quarantine regulations and to establish a quarantine against any place, person or district in order to guard against the introduction of any contagious or infectious diseases; to provide that all persons coming into or passing through the city shall show a proper health certificate; to enforce all quarantine regulations by sufficient penalties; also to provide for the frequent and compulsory vaccination

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of all school children before being allowed to enter the public schools of the city, and of all other persons within the limits of said city; and to provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the rules and regulations governing this matter. They shall also have to provide for the isolation of those affected or exposed to contagious or infectious diseases, and to establish and maintain pest-houses, and to provide for the confinement of persons having such diseases therein and for rules governing the same, and to enforce such rules by appropriate penalties. Quarantine. Sec. 31. Be it further enacted, That the city council of Fayetteville shall have authority and power to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change and modify the same from time to time; to prescribe how and what material buildings within said districts may be constructed and erected, how thick the walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed, and to make such reasonable rules, regulations and requirements as they may deem necessary so far as possible to protect said city from fire or to prevent or stop conflagration. They shall also have power and authority to order changes in the construction or arrangements of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered by proper ordinances and to collect any expenses incurred by said city, under any ordinances passed carrying out the powers granted under this Section by execution as in the case of collecting other costs due said city. The city council of Fayetteville shall

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have power and authority to exercise general supervision over all buildings of every character in said city, and may condemn all unsafe and dangerous buildings in said city, walls or construction in any of the same, and shall have power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. They shall also have the power and authority to prohibit the erection of any building in any district that is not in keeping with the progress and character of those adjoining and in the immediate district. Fire limits. Sec. 32. Be it further enacted, That it shall be the duty of the city council of Fayetteville to provide such fire protection for said city as in their discretion said city can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this Section and afford protection from fire or conflagration to property in the city. Fire department. Sec. 33. Be it further enacted, That the city council of Fayetteville shall have authority and power to regulate the speed at which automobiles, bicycles, motorcycles and other vehicles of any description shall be driven through the streets, alleys or public places of said city, and to prohibit the use of the public sidewalks of said city by others than pedestrians, and to punish violators of such rules, regulations or ordinances as they may pass on the subject embraced in this Section. Said city council shall also have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of

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said city, also the blowing of whistles and signals by locomotives and stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time of which any railroad train or engine may obstruct or prevent passage of the public over any public crossing, or street, or sidewalk within said city. Speed of vehicles. Sec. 34. Be it further enacted, That the city council of Fayetteville shall have power and authority to require the railroads running through said city, or any portion thereof, to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such a manner as said city council shall deem necessary; to place or repair such crossings, or to keep open any street in said town crossing them, and the mayor and council may pass any ordinance needful for carrying out the provision of this Section. And in case any railroad shall fail or refuse to make such crossing within fifteen days or to repair the same within twenty-four hours after having been notified to do so by said city, the city council shall have power to create and make the same across said railroad or to repair the same at the expense of the railroad, and may issue executions therefor, and levy and collect the same as in case of tax executions. Railroad crossings. Sec. 35. Be it further enacted, That the city council of Fayetteville shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings, and kinds of business that are carried on in said city, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable, and shall provide penalties for engaging in the same without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Registration of business.

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Sec. 36. Be it further enacted, That the said mayor and councilmen shall have full power and authority to levy and collect an annual ad valorem tax, not to exceed three-fourths of one per cent. on all the property, real and personal, within the corporate limits of the said city as now or hereafter laid out, which is taxable under the laws of the State, for the purpose of supporting and maintaining and bearing the general expenses of said city government and an additional per cent. sufficient in amount as assessed by the mayor and councilmen of the city on all said property for paying the principal and interest of the public debt, (if there be any), said taxes to be added together and collected at the same time. Said taxes shall become a lien upon all property subject to taxation in said city as owned on March 1st of each year, and shall come due and collectable on the first day of October of each year. Executions shall issue for taxes unpaid on the first day of December in each year, or the first business day thereafter, in the event the same falls on Sunday, and shall be enforced by levy, as heretofore provided. The tax books shall be open for the reception of tax returns from the first day of April until the first day of May in each year, not including Sunday or any other holiday. Ad valorem tax. Sec. 37. Be it further enacted, That the mayor and councilmen shall prescribed by ordinance the time and manner in which the officers to whom all property, occupations, trades, callings, business, etc., shall be returned for taxation by the tax payers and inhabitants of said city, and it shall be the power and duty of the assessor or assessors to value the real estate of the city for taxation, and to scrutinize carefully each return of property, real or personal, by any tax payer in said city, and if, in his or their judgment, they shall fix the property embraced in their return, or any

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portion of it, returned below its value, said assessor or assessors shall assess the value thereof within thirty days, or such other time as may be prescribed by said mayor and councilmen, whenever the assessor or assessors shall raise the valuation at which the tax payer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the tax payers privilege, if dissatisfied with the assessment to appeal to the mayor and councilmen under such rules and regulations as they may prescribe. Tax returns. Sec. 38. Be it further enacted, That the mayor and councilmen shall have authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds, drays, hacks, automobiles and auto buggies and public vehicles of all kinds, as well as private vehicles, which are unusual in their nature and likely to injure the road beds and streets of the city or frighten horses and become a source of danger, and also traveling venders of patent medicines, soaps, notions, etc., also hotels, boarding houses, auction houses, restaurants, fish stands or fish dealers, laundries, billiard, pool and other kinds of tables, ten-pins, shooting galleries, photograph galleries and bowling alleys, and all other contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, fish ponds, tan-yards, blacksmith shops, saw mills, grist mills, steam gins and other manufacturing establishments producing offensive odors or unusual noise or large quantities of smoke; also auctioneers, peddlers and pawn brokers and other classes and kinds of business within the police powers of the city, and to fix amount of license herefor and collect same; and also, said mayor and councilmen shall likewise have power and authority to levy and collect a specific or

Page 1199

occupation tax on all business, occupations, professions, callings, trades or occupations, public or private, exercised within the city, as may be deemed just and proper; and also upon franchises in incomes therein. Said city council may close up and prohibit entirely any business, factory or establishment or place of, in the event the same becomes a nuisance or is dangerous or injurious to the health of people of the city. They shall likewise have power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys, or structures of any kind which may be considered a nuisance or dangerous; and also have excavations, dry wells, pits and ditches filled when deemed expedient. License tax. Sec. 39. Be it further enacted, That said mayor and councilmen shall have power and authority, by ordinance, to classify and provide for registering the various occupations, trades, callings and kinds of business that are carried on in the city, and to fix the specific or license tax on the same, and the time or times when the license tax shall become payable, and may provide penalties for engaging in same without first registering and paying the tax, and shall also have the power to enforce the collection of same by execution. License tax. Sec. 40. Be it further enacted, That all executions issued against persons, firms or corporations failing to pay general and specific, or occupation tax, assessments, liens or other charges accruing against such persons, firms or corporations, respectively, or their property for which executions may be issued under the provisions of the charter of the city, or of the ordinances thereof, shall be signed and issued by the clerk of the city council, and shall bear test in the name of the said city, and shall be directed to

Page 1200

and enforced and levied by the marshal of said city, who, after levying the same upon the property of the defendant, in fi. fa. or the property against which it was issued, shall, if the property levied on be personal property, advertise the sale by posting notices thereof in three or more public places in said city for ten days before the day of sale; and if the property be real estate, he shall advertise the same for once a week for four weeks in the public gazette in which the sheriff's sales of Fayette county are advertised, before selling the same; and all sales under execution shall be sold before the door of the court house of the county of Fayette in the city of Fayetteville. Sales shall be made under the rules and laws governing sheriff's sales. When personal property is sold, the marshal shall deliver the possession thereof at once to the purchaser and a bill of sale if he so desires. When real estate is sold, the marshal shall make the purchaser a deed, and upon application of the purchaser or his agent shall put such purchaser or agent in possession of the real estate sold; provided , said marshal shall not be authorized to turn out any person other than the defendant in fi. fa. , his heirs, tenants or assigns. The clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal shall be entitled to the same fees for levying or as are allowed to lawful constables in this State, and to the same fees for selling as are allowed the sheriffs in this State; provided, however , that the fees of all said officers as well as all other officers of the city of Fayetteville, who are now or may be hereafter authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the city council. Taxes, etc., how collected. Sec. 41. Be it further enacted, That the marshal or collecting officer of the city of Fayetteville, shall be authorized to transfer and assign any fi. fa. or execution issued

Page 1201

for street, sewer or other assessment in the same manner upon the same terms, and to the same effect and hereby vest the purchaser or transferee with the same right as in cases of sales or transfers of tax fi. fa. as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms of and payment of the same premium, interest and costs, as in case of redemption of property where sold under tax fi. fas. , as same now exists, or as may from time to time be provided by law. Transfer of executions, and redemption of property sold. Sec. 42. Be it further enacted, That whenever any execution is issued by the proper authority of said city for taxes, licenses, assessments, fines, forfeitures, or any other charge or demand due said city, and shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of such execution is due and the reason same is not due, and stating what amount is admitted to be due (which amount so admitted shall be paid before said affidavit shall be received for the balance) with bond and security for the forth-coming of the property levied upon, if same is personal property; and said affidavit so presented shall be returned to the Justice Court or Superior Court of Fayette county and there tried and the issue determined as in cases of other affidavits of illegality returnable to said Court, subject to all the pains and penalties provided for in cases of illegality or delay. Such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the Courts of said State. Illegalities.

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Sec. 43. Be it further enacted, That all persons liable to perform road duty by the laws of this State shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, or to pay a commutation tax in lieu thereof not to exceed four dollars ($4.00), as the mayor and councilmen may determine. Should any person liable to work the streets of said city under this Section fail or refuse to do so, or to pay his street tax assessed in lieu of such services, after having received due notice so to do on or before the last day, as the said mayor and aldermen by ordinance may require, such person may be sentenced by the mayor to work upon the streets of said city for and during a term not to exceed fifteen days, under the direction and control of the proper officer, or be confined in the guard-house for a term not to exceed fifteen days in the discretion of the mayor. Thirty days continuous residence in the corporate limits of said city shall be sufficient to subject him to liability to do street work. street work, or commutation tax. Sec. 44. Be it further enacted, That all bids for contracts for labor or material to be furnished said city which shall exceed the sum of five hundred dollars ($500.00) in amount shall be advertised by the city department in which said work, labor or material properly belongs, in a newspaper published in the city of Fayetteville, once a week for not less than two weeks, and said contract shall be awarded to the lowest and best bidder (unless all bids are rejected) after having been first approved by a majority vote of the council. Contracts involving five hundred dollars ($500.00) or less shall be made by the mayor and aldermen. This Section shall not abridge the power of the city to do all necessary work, by its own employees whenever, in the judgment of the city council, the same can be done more effectively or economically. Municipal contracts.

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Sec. 45. Be it further enacted, That a police court is hereby created and established in said city, and same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporate courts as well as those hereinafter set forth. Said police court shall be held and conducted in such manner and at such place and such times as the city council shall prescribe by ordinance, or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction, to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit appearance bonds and recognizances returnable to said court and to hear, try and determine all issues made therein and to render judgment on the same and also to try all nuisances and questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. 1. The mayor of said city shall preside as judge in said court and try and determine cases without a jury. In case of the absence or disqualification or disability of the mayor, or in case of a vacancy in his office, the mayor pro tem. , or in his absence, disqualification or disability, any member of the board of councilmen shall preside as police court judge. 2. Said mayor or presiding officer of said court shall be, to all intents and purposes a justice of the peace, and shall be authorized and empowered to issue warrants for offenses committed within the jurisdiction of the city of Fayetteville, for police purposes, against the penal laws of the State, this either before or after the hearing or trial of the charge in said police court,

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and consequently where, in the course of an investigation of a matter in said police court, it shall appear that the penal laws of the State have been violated, it shall be the duty of the mayor, or acting police court judge to bind over the offender to the proper court having jurisdiction of such matters in the county of Fayette and to that end the said mayor or other presiding officer presiding over the police court shall have the power to commit such offender or offenders to the county jail of said county, or admit them to bail, in bailable cases for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. 3. The mayor or other presiding judge of said police court shall have the power to impose fines and inflict punishments after conviction upon all violators of laws and ordinances of said city by a fine not to exceed one hundred dollars or by labor on the streets or public works of said city under the control and direction of proper officers, not to exceed two months, or by confinement in the guard house not to exceed thirty days, either one or more or all, in the discretion of the mayor or other police judge trying the case and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the punishments in the event the fines are not paid. Upon the failure or refusal of any person to pay promptly any fines or costs imposed by said police court the same may be enforced and collected by an execution issued and directed as provided for in the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the mayor and aldermen of said city. 4. Said mayor or other police judge when sitting or presiding in such police court, shall have authority to punish for contempt by fine not to exceed twenty dollars, or confinement in guard house not to exceed

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twenty days, or both in his discretion. 5. There shall be kept in said court room one or more dockets on which shall appear the name of each person arrested by the officers of the city for any offense against the municipal ordinances or laws in force within the jurisdictional limits of the city, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition of the case shall be entered in writing opposite the name and charge by the mayor or other presiding officer of said police court, which respective entries signed by the mayor or other officer presiding at said police court in such cases. 6. Said police court shall have power to compel the attendance of persons charged with the violation of any of the city ordinances or laws of the city, by summons, which summons shall be issued by the clerk of council and bear test in the name of the mayor, and shall set forth the nature of the charge or case, and the time set for the trial or hearing and shall be served on the defendant by an officer or member of the police force. Likewise the said court shall have power to compel the attendance of witnesses in all proceedings by issuing subp[UNK]nas, which shall be similarly tested, issued and served. 7. Said police court shall have power to punish any person disobeying such summons or subp[UNK]nas for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the mayor or other police court judge which said attachment or warrant shall be executed by a member of the police force. 8. The cases before said court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the Superior Courts of said State, but such continuance shall be only until a time when the case

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can be properly tried in the discretion of the presiding judge. 9. When any person who is charged with any offense against the laws or ordinances of the city, or who is arrested for such offense shall give bond for his or her appearance at police court, and if such person shall fail at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of same collected from the principal and securities thereon in a manner to be provided by ordinances of the city. And said mayor and councilmen are hereby authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which they are forfeited in the Superior Courts in this State, and said police court is thereby clothed with full power and authority to forfeit said appearance bonds and grant judgments upon the same for the amount thereof and the same way Superior Courts grant such judgments. On entering such judgments, the clerk of the city council shall issue an execution against the principal and surety or sureties on such bonds in conformity with such judgments and in the form and manner prescribed for execution issued in the city for taxes, which execution shall be placed in the hands of the city marshal who shall proceed to enforce and collect the same as tax executions of the city are enforced and collected. 10. In any cases where any person charged with an offense against the ordinances of the city, or arrested for such offenses, has deposited a sum of money for the appearance of such person in said police court, then and in event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the mayor or police court, entered upon the police docket, and shall be paid over to the city treasurer of the city of Fayetteville. 11. Said

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mayor and councilmen shall have power to provide by ordinances for the charge and collection of all items of costs in cases brought into said police court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines are imposed and collected and then to be paid over to the city treasurer so long as the clerk, marshal and police force of said city are receiving a salary. The clerk of the city council and the marshal of the city, or such police as he may deputize, shall be the clerk and marshal respectively of said police court, and shall serve same in such capacity, unless otherwise provided for by ordinance. 12. The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain, and take exceptions at any decision or judgment rendered in said police court, shall have the right to have same reviewed by a writ of certiorari which shall be applied for, issued and heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Police court, jurisdiction, etc., Sec. 46. Be it further enacted, That said mayor and councilmen shall have full power and authority in their discretion, to organize a chaingang in and for said city, and to prescribe rules and regulations for same, and for the government thereof, and to cause all offenders against the laws and ordinances of said city to work in said chaingang upon the streets and public works, in said city, as said mayor and councilmen shall direct, and all persons sentenced to labor by said police court shall be turned over to the superintendent of streets or other officer in charge of the streets and public works to be put to work on said streets or public works in or around said city as provided in such sentence. Chaingang.

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Sec. 47. Be it further enacted, That said mayor and council shall have the right to establish a guard house and chaingang in said city, provide for the confinement of the prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits, employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of the city in charge of the said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The mayor and councilmen of said city shall have the right to hire or lease said convicts as may be confined in the chaingang of said city to the county authorities of Fayette county, and shall have the right to make such charge against the county authorities as they may be able to agree upon; provided, however , that said convicts shall be kept and provided for by said county authorities in the same manner as the county convicts are kept and provided for. Guard house. Disposition of convicts. Sec. 48. Be it further enacted, That said mayor and council shall have the power and authority to erect and maintain a city guard house, and to establish and provide regulations therefor in which shall be confined for punishment, when necessary, persons sentenced by the police court for violating any of the laws or ordinances of the said city, as well as for safe detention until the trial of all persons who have violated any of the laws or ordinances of the city, and also for the safe detention of all disorderly persons and persons committing or attempting to commit crime and the city marshal or chief of police or any policeman of the city shall have the right to take up all disorderly persons,

Page 1209

and all persons committing or attempting to commit any crime or violation of the laws or ordinances of the city, and confine them in the guard house to await trial. The mayor and councilmen shall likewise have the right in emergencies to use the county jail of Fayette county. Prison regulations. Sec. 49. Be it further enacted, That upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem . by affidavit or such other manner as may appear to him sufficient, that any person has violated any municipal ordinance or law of the city, said mayor or mayor pro tem . shall have the power to sign and issue a warrant for the arrest of the said offender, which warrant shall be directed to the chief of police, or any member of the police force of the city, and may be executed by the said chief or any member of the said police force of the city, or the marshal or any watchman or any other person authorized and empowered to make arrests by the ordinances of the city. Arrest, however, may be made by any of the officers or persons who are hereunder duly authorized as aforesaid without a warrant if the offense is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for the want of an officer to issue a warrant. The officers of the city may follow violators of the law and ordinances of the city, and who are endeavoring to escape and arrest them in such flights wherever they may be found in the State. Arrests. Sec. 50. Be it further enacted, That it shall be the duty of the marshal, who is ex-officio chief of police, by himself or through the force under him, and at his command at all times, day and night, to preserve public peace, good order and tranquility of the city and its inhabitants; to prevent

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the commission of crime, and arrest offenders; to protect the rights of persons and property; to provide proper police force and protection at fires; to protect strangers and travelers at railway stations; to suppress riots and insurrections; to disperse unlawful and dangerous assemblages which obstruct the free passage of the public streets, sidewalks, parks and other places; to preserve order at elections and at all public meetings and assemblages; to regulate movement of teams and vehicles in the streets and to prevent the violation of all laws and ordinances in force applicable to the police of the city. He shall be held responsible for good order of the city, and the general conduct of the officers and men under him. The police of the city, including those holding temporary appointments, and night watchmen shall be subject to the general control of the chief of police. The city may pass ordinances from time to time regulating the chief of police, and the police force of the city; (and may clothe the watchman at private plants or factories, and also railroad watchmen with police powers.) In cases of emergency said chief of police may deputize such others as shall be expedient for the preservation of peace and good order. Arrests. Sec. 51. Be it further enacted, That the mayor and councilmen of said city of Fayetteville shall have full power and authority to declare what shall be deemed a nuisance in said city, and to provide for the abatement of the same. The police court of said city-shall have concurrent jurisdiction with the city council with respect to the trial and abatement of nuisances in said city. Nuisances. Sec. 52. Be it further enacted, That the city council of Fayetteville shall have full power and authority to prohibit by ordinance the running at large in said city of horses,

Page 1211

mules, cattle, hogs, sheep, goats, dogs, and all other animals or fowls and to prohibit the keeping of hogs within the limits of said city, or if allowed to keep them therein, to regulate the manner and places in which they may be kept. Also to impound all such animals when found upon the streets or public places, or upon the property of other persons than the owners without permission or consent of the owner of such property, and to charge such fees as said city council may prescribe, and in addition thereto charge for the keep of any animal so impounded. Stock law. Sec. 53. Be it further enacted, That the mayor and councilmen, departmental officers and other officers of said city, whether serving with or without compensation where they are elected or appointed for a fixed term of office, shall for violation of their respective oaths of office, or for any violation of the criminal laws of the State, including the misuse or failure to pay over public funds or property, or wilful neglect or failure, (except in providential causes), to perform the duties of his office, or such private misconduct as renders his office a subject of reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof, shall be subject to impeachment. This remedy by impeachment shall not take away the right and duty of removal of such offending officer where such rights exist, but shall be cumulative thereof. Articles of impeachment shall be prepared and presented whenever so ordered and in the manner they may be ordered by the city council in each case. When it shall be determined by the city council that a trial shall be had under articles of impeachment, and when sitting for that purpose they shall be under the same oath or affirmation taken by jurors in the trial of criminal cases in the Superior Courts of the State. When a mayor is tried a judge of the Superior

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Court shall preside, neither the mayor nor any of the councilmen shall be allowed to sit or vote on the trial of his own case; and no person shall be convicted without the concurrence of two-thirds of the members present, the mayor voting except when he is on trial. Judgment in case of impeachment shall extend no further than removal from office and disqualification to hold any office of honor, trust or profit under this charter, but the party convicted shall nevertheless also be liable and subject to indictment, trial and punishment, according to the law in the courts of the State having jurisdiction of such matters. Employees and officers who are employed at the pleasure of the city council may be dropped at the pleasure of the appointing power. Impeachment. Sec. 54. Be it further enacted, That said mayor and councilmen shall have the right and power to provide for the inspection of all buildings in said city for the purpose of having the same meet the proper requirements relative to the material used and safety to the same, as the city council may from time to time prescribe by ordinance; to appoint a building inspector and prescribe his powers and duties; and to provide that no building shall be erected in said city without first securing a permit from said inspector. Building permits. Sec. 55. Be it further enacted, That said mayor and councilmen shall have the right and power to regulate all drays, hacks, and vehicles of every description used in the city for hire in transportation of passengers and freight, or both, and to provide by ordinance the rate or fare they shall be allowed to charge, also to make such other regulations as shall be deemed expedient. Regulations for vehicles. Sec. 56. Be it further enacted, That said mayor and councilmen and any of the officers of said city who may be

Page 1213

sued for any act done in his official capacity, may justify under this character; and the provisions of this charter may be pleaded and shall be full defense against any such actions, for any act or acts, done by them or either of them under and in accordance with the provisions of this charter, and the ordinances passed in pursuance thereof. Cherter defenses. Sec. 57. Be it further enacted, That the term of office of the mayor and councilmen of the city of Fayetteville shall be one year, or until their successors have been elected and qualified. On the second Wednesday in July, beginning in the year 1911, and every year thereafter, an election shall be held as already provided for, and on the first Monday in August after the election the newly elected council shall meet for the purpose of organization, and they shall severally take before the officer authorized to administer oaths, the oath heretofore provided for. Term of office of mayor and councilman. Sec. 58. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. FLOVILLA, CHARTER AMENDED. No. 49. An Act to amend an Act, as amended by an Act establishing a new charter for the city of Flovilla in Butts county, Georgia, approved December 27, 1890, to authorize the creation of a bonded indebtedness for the purpose of building and equipping school buildings in said city; to

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authorize said city by ordinance to levy a tax to pay the principal and interest on said bonds, and to authorize the mayor and council to provide by ordinance for the election of a board of trustees for said school and to provide for the levying of an ad valorem tax for street improvements, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Flovilla shall have power and authority with the consent of two-thirds of the qualified voters of said city to issue bonds for the erection and equipping of public school buildings in said city, and to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of this State, the funds arising from the sale of any of the bonds thus issued shall be used for the purpose of building and equipping public school buildings in said city. Flovilla, city of: School bonds. Sec. 2. Be it further enacted, That the mayor and council of the city of Flovilla are hereby authorized and empowered to annually assess, levy and collect on all property, real and personal, a tax in such sums as may be deemed necessary for the purpose of paying the interest on said bonds and create a sinking fund sufficient to redeem and pay off said bonds at their maturity, and the tax so levied and collected shall be kept separate and distinct from all other taxes and money belonging to said city and shall be used solely to pay the interest on said bonds as it may accrue and for the accumulation of a sinking fund for the payment of the principal. Tax to pay bonds. Sec. 3. Be it further enacted by the authority aforesaid, That said mayor and council of the city of Flovilla

Page 1215

are authorized to call an election for the purpose of electing three trustees for said public schools, at which election any voter qualified to vote for mayor and council shall be allowed to vote. Their term of office shall be for one year from the date of their election. School trustees. Sec. 4. Be it further enacted by the authority aforesaid, That said mayor and council are hereby authorized and empowered to assess, levy and collect a tax not exceeding two-tenths of one per cent. upon the tax digest of said city for the purpose of working and improving the streets of said city. Improvement of strets. Sec. 5. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Approved August 9, 1911. FOLKSTON, CITY OF, INCORPORATED. No. 221. An Act to incorporate the city of Folkston, in the county of Charlton, and State of Georgia. Section 1. Be it enacted by the Senate and House of Representatives in general assembly met, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter designated are hereby continued corporate by the name of the city of Folkston, a body politic and corporate, with powers to govern themselves by such ordinances, resolutions and by-laws for municipal purposes

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as they may deem proper, not in conflict with this charter, nor the Constitution and laws of Georgia, nor the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts in the State of Georgia, and do all other acts relating to its corporate capacity, and shall be able, in law to purchase, hold, receive, enjoy, possess and retain, for the use of the city of Folkston, in perpetuity, or for any term of years, any estate or estates, real or personal, lands or tenements, hereditaments of whatever kind or nature so ever, within the limits of said city for corporate purposes, to hold all property and effects belonging to said city, either in her name or the name of others to use for said city, for the purposes and interests for which the same were granted or dedicated, to use, manage and improve, sell and convey, rent or lease and have the like powers over property hereinafter acquired, and to have and use a common seal. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city of Folkston shall extend one-half mile in each and every direction from the center of the Atlantic Coast Line Railway Company's depot as now located in said city, and shall, therefore, be a circle, the center of which shall be center of said A. C. L. Railway Company's depot, with a radius of one-half mile. Folkston, city of. Corporate limits. Sec. 3. The elective officers shall consist of mayor, who shall also act as police judge, a city clerk, city treasurer, city assessor and a board of five aldermen, one of whom shall be elected at large. Any person twenty-one years of age, who is a citizen of the United States and has resided one year in the State of Georgia, six months in Folkston, and thirty days in a ward, and who shall have paid all taxes

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levied against him, who is a freeholder and has been regularly registered, shall be eligible to any elective office in the city of Folkston. Municipal officers. Sec. 4. The first election, by ballot, shall be held at the county court house, on the first Tuesday in October, 1911, for the election of a mayor, city clerk, city treasurer and five aldermen. The aldermen from the first and third wards shall be elected to serve for one year, the aldermen from the second and fourth wards to serve for two years, and the alderman-at-large for one year; and thereafter the aldermen elected annually shall serve for two years. The ward aldermen shall be elected by the voters of their respective wards. All other elective officers shall serve for two years and till their successors are elected and qualified. First election. Sec. 5. Sixty days prior to the annual election, which shall be held on the first Tuesday in December of each year, the city clerk shall open a registration book and keep the same open from day to day till ten days prior to election day. Registration of voters. Sec. 6. The city of Folkston shall be divided into four wards, the A. C. L. Railway Company's main line via Jesup being the dividing line north and south, and Main street the dividing line east and west. That part of the city east of the A. C. L. Railway Company's main line via Jesup and north of Main street shall be the first ward. Wards. That part of the city west of the said A. C. L. Railway Company's main line and north of Main street, shall be the second ward. That part of the city west of the A. C. L. Railway Company's main line and south of Main street shall be the third

Page 1218

ward, and that part of the city east of the said A. C. L. Railway Company's main line and south of Main street shall be the fourth ward. Sec. 7. The salary of the mayor shall be one dollar per annum, and for officiating as police judge he shall receive all fees derived from defendant only in cases tried in police court and collected in said court; provided , that the city shall, in no case, be liable for fees. The aldermen shall receive one dollar per annum and be exempt from street tax. The compensation of the city clerk, city treasurer, city assessor, and such other officers as are deemed necessary and shall be provided for and named by proper ordinance adopted by the board of aldermen, shall have their compensation fixed by the board of aldermen. Salaries and fees of officers. Sec. 8. The mayor and board of aldermen shall meet on the first and third Monday in each month and continue from day to day in their discretion, the mayor presiding at all meetings. Before entering upon the discharge of their duties the mayor and each member of the board of aldermen shall take and subscribe before any person authorized to administer oaths, the following oath: I do solemnly swear that I will faithfully discharge all the duties imposed upon me as an officer of the city of Folkston; so help me God. The said mayor and board of aldermen shall constitute the legislative department of the city of Folkston, and shall have full power and authority to pass and enforce all by-laws and ordinances respecting public buildings, and grounds, work houses, public houses, carriages, wagons, carts, drays, pumps, wells, springs, fire engines, care of the poor, suppression of disorderly houses and houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace of any citizen

Page 1219

or citizens thereof, and every other by-law and ordinance that may seem proper for the security and peace, health, order and good government of said city. Meetings of council. Oath of officers. Corporate powers. Sec. 9. The mayor and board of aldermen shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said city, and to punish offenders by fines not exceeding five hundred dollars, and imprisonment in city prison not exceeding ninety days, for each offense, and to enforce payment of fines by compelling offenders and those who fail or refuse to pay fines to labor on the streets or public works, and shall have authority by proper ordinance to compel offenders sentenced to imprisonment in the city prison as aforesaid, to labor on the public works or streets. Punitive powers. Sec. 10. The board of aldermen shall elect from their number a mayor pro tem ., who shall officiate in the absence of the mayor. Mayor pro tem. Sec. 11. It shall not be lawful for any member of the board of aldermen to be interested directly or indirectly in any contract with the city of Folkston, the mayor and board of aldermen having for its object the public improvement of the city or the expenditure of its money. No officer to be interested in any municipal contract. Sec. 12. In case of a vacancy in the board of aldermen or in any elective office the mayor, or in case his seat is vacated the mayor pro tem. , or a majority of the board of aldermen, shall order a special election by giving ten days' notice in one or more city papers and posting in at least two public places, and said election shall be managed in the same manner as provided for the holding of regular elections. Vacancies.

Page 1220

Sec. 13. At the first election, the qualified voters in each ward shall elect managers of election, which board of four shall conduct said election, and be judges of the qualification of voters. They shall employ such clerks as they may deem necessary, who shall receive such compensation as the mayor and board of aldermen may allow, but the election managers shall not receive any compensation. After the mayor and board of aldermen have been chosen, according to the provisions set forth herein, they shall appoint, at the first meeting in the month of July following, and annually thereafter, election managers for each ward, with the power to act as set forth in the foregoing, and a voting place or places shall be designated by the board of aldermen. On the day following the election provided for under this charter, the election managers shall assemble at the city and organize by the election of one of their number as Secretary. They shall examine the votes cast in each ward, consolidate the same, and declare the result in the same manner as prescribed by law for the election of members of the General Assembly. All cases of contested election shall be tried by the mayor and board of aldermen. Election managers. Sec. 14. No person shall vote for mayor, city clerk, city treasurer, city assessor or aldermen elsewhere than at the voting place of the ward in which he resides, and any person voting or attempting to vote in violation of the provisions of this Section, or other law provided for a city election, shall be guilty of a misdemeanor, and upon indictment or accusation and conviction shall be punished as provided in Section 4310 of the Code of Georgia. Voting places. Sec. 15. The police judge of Folkston shall have full power to impose fines for the violation of any ordinance of

Page 1221

the city of Folkston enacted in accordance, in the city prison not exceeding ninety days, or at hard labor on the city chain-gang; provided , such is established by a city ordinance, full power being conferred on the board of aldermen of the city of Folkston to establish a city chain-gang. The fines so imposed shall be collected by execution to be issued out of said court against the estate of the offender, if any be found; and if none be found, the offender in lieu of the same may be imprisoned in the city prison not exceeding ninety days, or committed to the city chain-gang for a like period. Police court and chain-gang,. Sec. 16. The police force of the city of Folkston shall consist of a chief of police, who shall be ex-officio city marshal; said chief of police shall be elected by the board of aldermen and may be removed at any time by the vote of two-thirds of the members of the board of aldermen for malpractice in office, neglect of duty, drunkenness, or other improper conduct, to be judged of by the board of aldermen; and in such event a successor shall be elected for the unexpired term. The chief of police shall be elected at the first meeting of the board of aldermen, or within two weeks thereafter, and for the same time as mayor. In addition to chief of police the board shall elect such other officer and men as it shall from time to time deem necessary, who shall hold during the pleasure of the board of aldermen, and who shall be subject to removal in the same manner and for like causes; provided , that the board of aldermen may at any time increase or decrease the number of said police as it may deem proper. The board of aldermen of the city of Folkston shall have power to pass all ordinances, rules and regulations necessary for the proper discipline of the police force; and officers and policemen shall

Page 1222

have the power and authority to arrest all persons guilty of disorderly conduct or public indecency. All persons violating the ordinances of the city, and all persons committing or attempting to commit any crime, and commit them to the city prison to be brought before the police court next day for trial or commitment; provided , that all persons arrested who desire to give bail for their appearance before said court, shall be allowed to do so. It shall be the duty of the city marshal, upon notice in writing, from the mayor or aldermen, to prosecute all the offenders against the laws of Georgia for crimes committed within the limits of the city of Folkston; and in case an offense is committed in the presence of said marshal, or within his knowledge it shall be his duty to prosecute without notice. Chief of police and force. Sec. 17. The mayor and board of aldermen of Folkston shall have full power and authority to regulate, lay out, direct and control all the streets and alleys; to provide for the grading of the same, to assess a tax for the improvement thereof, and exercise a general control over all the streets and alleys; and shall have full and complete power to prescribe and direct the manner and style in which all street crossings, walks and pavements shall be constructed, and to provide for the planting of shade trees along said streets; prescribe the kind of trees and the manner in which they shall be planted. Streets, etc. Sec. 18. The mayor and board of aldermen shall have the authority and power to levy and collect a tax upon all taxable property within the corporate limits of Folkston, upon real and personal property, stocks, bonds, money, corporations, choses in action, incomes and commissions derived from the pursuit of any profession or avocation, upon banks, insurance, express and other like corporations

Page 1223

and institutions, and upon all other forms of property not expressly prohibited or exempt under the laws of Georgia, in order to raise such funds or sums of money as may be necessary for the safety, convenience, benefit and interest of said city, the maintenance of the municipal government, and the payment of the public debt thereof; provided , that the rate of taxation shall not exceed one per centum on a fair valuation of all taxable property; and it is further provided , that the mayor and board of aldermen shall have power and authority to provide by ordinance that the sale of all city property for non-payment of city taxes, or an execution of police court shall be made in front of the court house in Folkston, and that all sales shall be advertised, and all publications relative thereto made in the official paper of said city. Taxation. Sec. 19. The mayor and board of aldermen shall have the authority and power to levy a license tax on all retail liquor dealers, of ten thousand dollars, on all other liquor dealers, including druggists, who sell liquor for other than medicinal purposes, a license tax of five thousand dollars. The mayor and board of aldermen shall have power and authority to levy and collect a license tax of not to exceed one hundred dollars on all circus performances within the corporate limits of Folkston. License tax. The mayor and board of aldermen shall have authority and power to levy and collect a license tax on all street venders of whatsoever character, on all persons or concerns who open up a temporary business establishment for the purpose of disposing of surplus stocks of merchandise, all street exhibitions of whatever character which charge an admission fee or which are used to advertise and aid the sale of any article or commodity.

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Sec. 20. The board of aldermen, for the improvement of the streets and sidewalks, shall have the authority and power to levy and collect a special tax, not to exceed five cents per front foot, on the property abutting a part or all of any street or streets, and the money derived from said tax shall be expended on the street part of street or streets taxed for such improvement. Street improvements. Sec. 21. The taxes on all real and personal property shall be paid to the city clerk, and by him paid into the city treasury in such manner and at such times as the board of aldermen shall prescribe. All streets and taxes, fines and special license shall be collected by the city marshal, who shall pay the same into the city treasury. The city clerk and the marshal shall issue their receipts in every instance for the payment to them of money, and shall be required to execute to the mayor and board of aldermen such bond as may be deemed sufficient. Collections and receipts. Sec. 22. All claims against the city of Folkston shall be filed with the clerk, who shall submit the same to the mayor and board of aldermen. All payments shall be made under an appropriation by the board of aldermen and upon a voucher drawn upon the city treasurer by the city clerk and signed by the mayor; and it is hereby provided that at the last meeting of the board of aldermen in the month of December of each year the city clerk shall transmit to that body a statement of the financial transactions of the city during the year ending December 15. This statement, upon its approval by the mayor and board of aldermen shall be published in the official city paper. This statement shall show the number of vouchers issued, to whom issued, for what and the amount, the source from which all funds have

Page 1225

been received, cash on hand, and in whose hands, the total indebtedness of the city, and such other facts and figures as will give the public proper knowledge concerning the true financial condition and transactions of the city of Folkston. Financial statements. Sec. 23. The city assessor shall prepare a property book of the city of Folkston, and enter therein every business and residence lots and other real estate within the corporation subject to taxation. He shall, between the first day of January and the first day of April, in each year assess all the real and personal property within the corporate limits of the city of Folkston, and make a return of the same to the clerk. Tax assessments. Sec. 24. The mayor and board of aldermen shall appoint a board of tax equalization, to consist of three members, whose duty shall be to hear and pass upon all complaints of unequal assessments. Board of tax equalization. Sec. 25. As soon after organization as practicable in each year, the mayor and board of aldermen shall elect a board of health, to consist of five citizens, one of whom shall be a physician, selected from the various portions of the city. They shall elect one of their number chairman and another secretary of the board. Board of health. Sec. 26. Before entering on the discharge of their duties the members of said board shall each take and subscribe before the mayor or some other officer authorized to administer an oath, the following oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the board of health of the city of Folkston, so help me God. Oath of members of board of health.

Page 1226

Sec. 27. Said board shall meet once each month, or as often as they deem it necessary for the well-being of the health of the city. The chairman or any two members may call a special meeting of the board; and it shall be the duty of the marshal, his deputy or a member of the police force, to summon the members to any such meeting upon request of the chairman or any member of the board. Meetings of board. Sec. 28. Said board shall provide itself with such blanks and record books as it may need. At the close of each year the board shall make a report to the mayor and board of aldermen of all complaints made to them during the year and the grounds of the same, and also a comparative statement or record of inspection of premises, and such suggestions touching the health of the city as it may deem expedient to present, and such other sanitary information as may be called for by the mayor and the board of aldermen. Reports of board. Sec. 29. Said board shall keep and maintain a general supervision over all matters and things pertaining to the health of the city; and from time to time pass such resolutions as, in their judgment, will preserve public health or be conducive thereto, and submit the same to the mayor and board of aldermen for adoption. Regulations by board. Sec. 30. Said board shall have full power and authority to employ such inspector or inspectors as they may deem it necessary, and for such length of time as they may see fit; and contract for doing such work as the board may deem necessary for the preservation of the health in the city. The board may employ a scavenger (subject to the approval of the board of aldermen), whose duty it shall be to report all violations of the sanitary ordinances, rules

Page 1227

of the board of health and regulations of the board of aldermen to the police court, and also do the scavenger work of the city under the direction of the board; provided , that should the city do its own scavenger work, or have the same done by contract, in that event the work shall be done under the supervision of said board. The scavenger may at any time be removed or suspended by either the mayor or board of aldermen, or by the board of health. All debts created by the board shall be paid as other debts of the city, after being audited by the board and the finance committee of the board of aldermen. Sanitary provisions. Sec. 31. Said board may adopt such by-laws and regulations consistent with the charter and ordinances of the city and laws of the State as to it may seem proper, and may do all such other acts and things as in its judgment will promote the public health; and shall have power to make rules and regulations for the government of quarantine. And the health officer shall report to said board as it shall direct, and it shall be his duty to carry out effectually the requisite measures for securing the purposes of quarantine as directed by the board of aldermen and said board. Sanitary regulations. Sec. 32. It shall be the duty of the board to frequently examine every part of the city with the view of detecting causes of diseases. Board examinations. Sec. 33. The board shall advise the mayor and board of aldermen at any time of the introduction into the city of small-pox or other infectious diseases or epidemic and recommend such measures as they may deem best for the prevention thereof, and for the most speedy relief from such diseases when they make their appearance. And to

Page 1228

this end said board, in conjunction with the health officer, shall designate such quarantine grounds and adopt such quarantine regulations as they may seem proper. Contagious and infectious diseases. Sec. 34. A sanitary inspector appointed by the board and confirmed by the board of aldermen, shall be the executive officer of the board. Sanitary inspector. Sec. 35. Said city shall issue bonds for any lawful purpose, whenever the provisions of the Constitution and the laws of the State shall have been complied with, and no local Act or amendment of this charter shall be necessary to give the authority to call and order elections for such purposes. Municipal bonds. Sec. 36. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 19, 1911. GLENNVILLE, CITY OF, NEW CHARTER. No. 306. An Act to create a new charter for the city of Glennville, in county of Tatnall, and to re-incorporate said city and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said city of glennville; to provide for a mayor and councilmen and other officers for said city, and to prescribe the powers, duties, rights and liabilities of all officers of said city, and the manner of their election or appointment,

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and their removal from office, to provide for the retention of the present officers of the city of Glennville until election of officers for said city under this charter; to provide that all ordinances, rules and regulations of the corporation of the city of Glennville, not in conflict with this Act, shall remain valid and enforceable as ordinances, rules and regulations of the city of Glennville, incorporated by this Act, until the same are repealed or amended by the mayor and council of the city of Glennville; to provide for streets and sidewalks, and the working and paving of same, and the establishment and maintenance of parks and cemeteries; to authorize and empower the mayor and council to purchase or build, establish, maintain and operate a system of waterworks, lights and sewerage for the city of Glennville; to create a board of education and authorize the establishment, maintenance and operation of a system of public schools; to authorize the mayor and council to hold elections as now provided by law to determine the question of creating a debt against said city by the issuance of bonds; to provide for the assessment, levying and collection of an ad valorem tax upon all property, both personal and real, for general purposes and for the purpose of paying the principal and interest of said bonds; to authorize and provide for granting license to and taxing all kinds of business, trades, professions, shows, exhibition and entertainments, to provide for all matters of municipal concern, needs and requirements, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city of Glennville, heretofore incorporated

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under the laws of Georgia, shall, from and after the passage of this Act, be known by the corporate name of the City of Glennville, and by that name be, and is, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and the said city of Glennville, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through its mayor and council such ordinances, rules and regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said city council may seem best, and which shall be consistent with laws of the State of Georgia, and of the United States, and said city of Glennville shall be able by law and is hereby authorized and empowered to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity or for any number of years, any estate or estates, real or personal, lands, tenements of all kinds whatsoever, within or without the limits of said city for corporate purposes. It shall have special power in its corporate capacity to make all contracts which the mayor and council may deem necessary for the welfare of the city or its citizens; to assess values of property, levy and collect taxes thereon, and remove nuisances. The mayor and council shall have full control and power over streets, lanes and alleys of said city, and to remove obstructions therefrom as is generally exercised by and granted to municipal corporations, and shall in general have all the powers incident to corporations under the laws of this State, which are necessary and proper in order to regulate, make, maintain and preserve a proper and legal government of said city, and to declare what acts or things shall be unlawful. Glennville, city of: Corporate powers.

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Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be as follaws: Beginning at the center of Barnard street at the point where Caswell street intersects said Barnard street and extending three-fourths of one mile in every direction from said central point, making a complete circle. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the government of said city of Glennville shall be vested in a mayor and five councilmen. The present mayor and councilmen of the city of Glennville shall continue in office until the expiration of the term for which they were elected and until their successors are elected and qualified; and they and their successors and associates shall have and execute all rights, powers and duties hereby conferred on the mayor and council of the city of Glennville created by this Act; and all the ordinances, rules and regulations of the old corporation of the city of Glennville, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the mayor and council of the city of Glennville, and all the officers of the old corporation of the city of Glennville shall continue to hold their offices until the expiration of the term for which they were elected, and until their successors are elected and qualified, unless sooner suspended, removed or discharged by mayor and council. Mayor and councilmen, etc. Sec. 4. Be it further enacted by the authority aforesaid, That an election shall be held in the city hall in the city of Glennville, on the second Wednesday in December, 1911, and annually thereafter, for mayor and five councilmen, who shall serve for one year from the date of their

Page 1232

installation, and until their successors are elected and qualified. Elections for mayor and councilmen. Sec. 5. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter, and all elections in which any subject or question submitted to the qualified voters of the city of Glennville, shall be superintended and managed by a Justice of the Peace and two freeholders, who are citizens of said city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein. If it be impossible to obtain a Justice of the Peace to preside at said election, each of said managers before entering on his duties shall take and prescribe before some officer of Tatnall county qualified by law to administer oaths or before each other in the absence of such officer, the following oath: We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the council chamber, or some other place previously provided for by the mayor and council, and the voting shall be by ballot. Said managers shall be appointed by the mayor then in office, or in his absence, by the mayor pro tem. , then in office, at least two days before election, and notice thereof given to persons appointed, and if any one or more of said managers so appointed fail to appear and serve at the time for opening the poles on the day of election, the vacancy may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or by the mayor pro tem. in the absence of the mayor, or in the absence of both, by any councilman

Page 1233

then in office. The said managers shall receive such compensation as may be fixed by the city council, not to exceed two dollars per day each, to be paid out of any funds in the city treasury. Election managers. Sec. 6. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said city shall be open from 9:00 o'clock a. m. to 3:00 o'clock p. m., at which time they shall be closed, and the managers of any such election shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall make certificate of the results on each tally-sheet, and shall place one of the lists of voters and one of said tally-sheets, together with the ballots, in an envelope, or box, and seal the same, and deposit the same with the Clerk of the Superior Court of Tatnall county. The other list of voters and tally-sheet shall be filed with the clerk of the city council by the managers of the election for delivery to said city council, who shall meet within three days after the election is held and inspect the returns and declare the result of the election, which declaration of the result of said election they shall cause to be entered on record on their book of minutes. The clerk of the Superior Court and the clerk of the city council after the expiration of thirty days time from the time of the election, shall destroy said ballots and lists of voters without inspection; provided , no notice of contest be filed or pending, in which case they preserve the same until contest be finally determined. Elections, where and how held Sec. 7. Be it further enacted by the authority aforesaid, That all persons who have paid all taxes legally imposed and demanded of them by the city authorities, except taxes for the year in which the election is held, and who have been bona fide residents of the said city for at least

Page 1234

ninety days previous to the time when the election is held, and who are qualified to vote in the county of Tatnall for member of the General Assembly of Georgia, shall be considered electors and entitled to vote in said city election. Voters. Sec. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the city council on the first Wednesday of August of each year to open a book for the registration of the qualified voters of the said city, which book the city council shall cause to be purchased. Said book shall be kept in some convenient place until the fourth Wednesday in November, when said book shall be absolutely closed. It shall be the duty of the clerk during the time when said book is open, upon the application of every male person who is qualified to vote for members of the General Assembly, and who is otherwise qualified under this charter, to register the name of such person, recording on said book opposite applicant's name, his age, occupation or business, and the place of his residence. Before registering an applicant, the clerk shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have registered in the State of Georgia for twelve months, in the county of Tatnall six months, and in the city of Glennville for ninety days next preceding this registration, or that by the date of the next city election, if still a resident of said city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of election; that you are twenty-one years old; that you have paid all taxes due the city of Glennville, and that you have made all returns required of you by the ordinances of said city, so help you God. After said book is closed, no person shall be allowed to register unless it be shown that he was prevented

Page 1235

from registering by Providential hindrances, and if that be shown to the satisfaction of the clerk, he may permit the person then to register. When said book is closed, it shall be the duty of the clerk to make out a list of the voters in alphabetical order, the white voters separate from the colored, and deliver said list to managers of the election on the day of the election, and when the poles are first opened. Said list must be certified to under the hand of the clerk of said city. Registration of voters. Sec. 9. Be it further enacted, That if any person shall vote in the city elections in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor and shall be punished as prescribed by law after an indictment or presentment by the grand jury of Tatnall county, has been preferred against him and he has been convicted. Illegal voting. Sec. 10. Be it further enacted, That no person shall be eligible to the office of mayor or of councilman of said city unless he be a citizen of said city, and of the age of twenty-one years, and has resided in said city one year prior to said election and shall have paid all taxes required of him by the laws of said city and of the State. Qualifications of mayor and councilmen. Sec. 11. Be it further enacted, That the term of office of the mayor and councilmen of the city of Glennville shall be one year after the first Wednesday in January after their election and until their successors are elected and qualified. On the first Wednesday in January of the year after their election, the mayor and council shall meet in the city hall or council chamber and there severally take before some officer of this State authorized to administer oaths, the following oath of office: I do solemnly swear that I

Page 1236

will well and truly demean myself as mayor (or councilman, as the case may be), of the city of Glennville for the ensuing term and faithfully enforce the charter and ordinances of said city, to the best of my skill and knowledge without fear or favor, so help me God. Should any councilman or mayor-elect be absent from said meeting, he shall take the oath of office as soon as possible thereafter. Term of office and oath of mayor and councilmen. Sec. 12. Be it further enacted, That should any contest arise over the result of any election of mayor or councilman of said city it shall be conducted as follows: The contestant or contestants shall within ten days from date of election, by petition to Superior Court of Tatnall county, plainly and distinctly set out his or their grounds of contest, and the names of the person or persons whose election is contested, and file said petition in the office of the clerk of the Superior Court of Tatnall county. Immediately upon the filing of said petition with the clerk he shall transmit a copy thereof to the Superior Court of Tatnall county, and shall furnish the contestees, as set out herein, each a copy of the petition. Upon the receipt of a copy of said petition the judge shall fix a time and place of hearing and indorse the same on said copy; provided , that the time of hearing shall not be more than sixty days nor less than thirty days from the date of his order, and may be at the session of the Superior Court of said county, or in vacation as the judge determines. All parties shall receive from the clerk of the Court ten days' notice of the time and place of hearing and at the time and place the judge shall proceed to hear and determine said contest and all issues of law or fact submitted therein, with the right of either party thereto to except to the judgment of the judge. The cost accrued in

Page 1237

the hearing shall be charged to the losing party or parties, and execution may issue to enforce its payment. Contested elections. Sec. 13. Be it further enacted, That during the pendency of said contest, the persons who have been declared elected as hereinbefore provided, by the city council, shall exercise the duties of their respective offices. Officer, pending contest. Sec. 14. Be it further enacted, That in case of a vacancy in the office of mayor, caused by death, resignation or failure to elect, removal from city or otherwise, said vacancy shall be filled by city council of said city, who shall proceed at once to elect a mayor for the unexpired term, it being declared lawful and competent for said city council to elect one of its own members should they see fit; and in the case of a vacancy in the office of councilman, caused by death, resignation, removal from the city, failure to elect, elevation to mayorality, or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman for the unexpired term. Said mayor or councilman thus elected shall, before entering upon the duties of their respective office, take the oath of office heretofore prescribed. Vacancies. Sec. 15. Be it further enacted, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance or non-performance of his official duties, the office or offices may, in the discretion of the remaining members of the council, be declared vacant and the vacancies filled as provided in Section 14 of this Act; provided , that this power to declare any office vacant shall not be exercised until the party whose office is affected shall have reasonable notice, not less than ten days, of the

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intention of the city council to investigate his conduct with the view of declaring his office vacant, which notice shall be written and specify the time and place of hearing, and said party affected shall have the right to be present at said hearing, have compulsory process to compel the attendance of such witnesses as he may wish subp[UNK]naed in his behalf, and to be represented by council. Mayor and councilmen removable for cause. Sec. 16. Be it further enacted, That the city council shall be presided over at its meetings by the mayor, or in his absence, mayor pro tem. , and a majority of the council shall be necessary to constitute a quorum for the transaction of business. The said council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders, ordinances and resolutions, which shall be open to the inspection of any one who is required to pay taxes in said city. Said council shall hold monthly, semi-monthly, or weekly meetings as they may determine, and the mayor or mayor pro tem. may call such other additional meetings as the emergencies may require in his judgment. At such meetings of said city council, the proceedings of the last meeting shall be read and corrected, and signed and approved as corrected by the presiding officer for the time being. Upon the call of any member, the yeas and nays on any question shall be taken and recorded on the book of minute. Meetings, etc., of council. Sec. 17. Be it further enacted, That the city council shall at the first meeting after their election and qualification, elect one of their members as mayor pro tem. , who shall in the absence of the mayor and in case of his disqualification, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who shall in the absence or disqualification of the mayor, and all the duties,

Page 1239

powers, rights and privileges conferred by this charter upon the mayor, may and shall be exercised by the mayor pro tem. , in the absence or disqualification of the mayor, or when the mayor, from sickness or from other reasons, is unable to act. Mayor pro tem. Sec. 18. Be it further enacted, That said city council shall have power to elect one or more policemen, one of whom shall be known as the chief of police; also a clerk and treasurer; provided , the clerk and treasurer may be the same person if thought advisable by the mayor and councilmen. They may elect a city attorney, city physician and such other officers as to them may seem necessary and proper. The terms of office of said officers shall be for one year and until their successors are elected and qualified. The mayor and councilmen, or mayor pro tem. , and councilmen may appoint such extra policemen as may be necessary from time to time, and said extra policemen shall receive such compensation as may be fixed by the council. Each of said officers shall, before entering upon the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the mayor and councilmen; such officers to receive such salary and to make such bond as the mayor and councilmen may prescribe. Any of said officers may be dismissed from office at any time by a majority vote of the city council, when it shall satisfactorily appear to the mayor and council that said officers have been negligent of duty or guilty of misconduct. City officers. Sec. 19. Be it further enacted, That the mayor of said city shall be the chief executive thereof; he shall see that all laws, ordinances, resolutions, by-laws and rules of said city are faithfully and fully enforced and executed, and that all officers of said city shall faithfully perform the

Page 1240

duties required by them. The city council shall have power and authority to enact such ordinances from time to time as they deem necessary to enforce the provisions of this charter; but no ordinance shall pass unless it shall receive the vote of three councilmen, if there be a full board present. In the event a full board of five councilmen are not present, no ordinance or other measure shall be passed unless it receive the vote of three councilmen; provided , that in case of a tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmen and mayor shall be passed and held of full force and effect. In no case may the mayor have the right to vote upon any ordinance or measure except in case of a tie, but it shall be his duty to vote in all cases when a tie arises, whether with a full board present or not, and such vote when cast shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to pass. In the event that a councilman shall be disqualified from voting in accordance with the disqualifications prescribed by laws of the State or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of minutes, and the remaining members of the council shall proceed to vote, and act as if said councilman was absent. It shall be optional, not compulsory, for said city council to have posted any measure, ordinances or resolution at such places in the city as they may direct, for the information of the public, or may have the same published in any newspaper of said city, but the failure to so post or publish any ordinance, resolution or measure, shall in no wise operate to render same void. Powers and duties of mayor. Sec. 20. Be it further enacted, That the mayor of said city may exercise within the city the powers conferred upon

Page 1241

constables and Sheriffs to suppress disorder, and keep the peace; he shall have the power when necessary, to call on every male inhabitant of said city twenty-one years of age and over to aid in enforcing the laws and ordinances of said city or in suppressing riot or disorderly assemblages of any kind; he shall have the right to inspect the books and papers of any employee or officer of said city; he shall from time to time, and especially at the end of each official year, give the city council information relative to the affairs of the city, and he shall recommend for the consideration of the council, such measures as he may deem fit and proper. Powers of mayor. Sec. 21. Be it further enacted, That the mayor, or in his absence or disqualification the mayor pro tem. , or in the case of the absence or disqualification of the mayor and mayor pro tem. , any member of the council may hold a court to be called a mayor's court, for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used in evidence, and to punish for contempt. The punishment of any violation of the city law, ordinance, rule, or for contempt, shall be a fine not exceeding two hundred dollars, or imprisonment in the guard house for a term not exceeding three months, or to work on the streets or such other places where the offender may be lawfully placed at work, not to exceed three months; one or more or all of these punishments may be imposed in the discretion of the trial court. Any person convicted of any offense before the trial court may enter an appeal from the judgment of said court to the city council; provided , the appeal be entered instanter, and a bond given for his appearance to abide

Page 1242

the judgment of the city council sitting as a court. But if the accused will make oath that he is unable to make bond, he shall nevertheless enter an appeal in forma pauperis and shall be given a speedy trial. The accused shall have the right to be heard by council in any trial in the mayor's court. In case an appeal is entered and a bond given the mayor, or chief of police shall assess the bond and approve the same. The trial on the appeal shall be heard before the mayor and the entire city council, unless it be impossible or impracticable to have a full board present; then the trial shall be had before the mayor and three members of the council, and it shall require the votes of not less than three members of the council to reverse the judgment of the first trial court. And said city council shall be empowered to acquit the defendant, sustain the judgment of the presiding officer from whom the appeal was taken, or change or alter same at their discretion. Provided, however , that any judgment of the city council may be suspended by the writ of certiorari in accordance with the laws being hereby given. The city council shall have the right to establish a city chaingang in said city, to own and possess a guardhouse and provide for the confinement of offenders therein during the time they are not at work, and to provide for their maintenance during the period of their imprisonment. The city employees in charge of convicted offenders shall have the right to administer such reasonable discipline to such offenders as may be necessary to enforce obedience to the rules and regulations which may be prescribed by the city council. Mayor's court. Sec. 22. Be it further enacted, That if on trial of any person before the mayor's court for a violation of any ordinance or law of said city, it shall appear that such person

Page 1243

is probably guilty of offense against the penal laws of the State, it shall be the duty of the court so trying the offender to commit to prison or let to bail to answer before the court having jurisdiction of the same for the offense committed. Commitments. Sec. 23. Be it further enacted, That it shall be lawful for the chief of police of said city, or any regular or special policeman or marshal thereof, to arrest without a warrant, any and all persons within the corporate limits of said city who are at the time of said arrest, or who before that time have been guilty in said limits of disorderly conduct, public indecency or any other violation of the ordinances or laws of said city, and to hold such persons so arrested until a hearing of the charge can be had before a proper officer, and to this end the arresting officers are authorized to imprison and confine any person arrested by them in the guard house. To affect an arrest, in case it may be necessary, the police or marshal, or any arresting officer, shall have authority to call to his assistance the Sheriff of Tatnall county or his deputies, or any constable of the county, or any other citizen of the city, and such persons when so summoned shall be bound to assist and aid such officers, and for failure to do so may be punished in the mayor's court in the manner heretofore provided. Arrests. Sec. 24. Be it further enacted, That the chief of police or any lawful officer of said city shall have the right to accept from any person arrested by them a good and sufficient bond, which bond shall be approved by the arresting officer, conditioned for the appearance of the offender before the mayor's court on a day certain; said bond shall be payable to the city of Glennville in an amount fixed by the arresting officer. When a bond is given and accepted by the arresting officer, he may then release the offender; but

Page 1244

if it be a matter which in the judgment of the arresting officer it would be dangerous to the public to release the offender and permit him to be at large, said arresting officer may refuse to accept a bond and release the offender, but may commit him to the guard house until the day of trial, and in such event it shall be the duty of the mayor to call his court as soon as practicable, and give the offender a speedy trial. Appearance bonds. Sec. 25. Be it further enacted, That if any person who has been arrested for violating any law or ordinance of the city of Glennville, and has given bond for his or her appearance before the proper city authorities to answer to the charge preferred, fails to so appear at the time and place fixed in the bond, said bond shall be declared forfeited and rule nisi shall issue directed to the principal and security or securities, requiring them to show cause before the mayor's court at the sitting of the said court to be held not less than ten nor longer than thirty days from the date of the forfeiture why the bond should not be absolutely forfeited. Copies of the rule nisi shall be served on the principal and surety or sureties named in the bond at least five days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person on whom service is perfected, or by publishing the same in any gazette published in the city one time, or if no paper is published in the city service may be perfected by posting a copy of the rule nisi at three public places in the city ten days before the sitting of the court. If at such return term no sufficient cause is shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and surety or sureties on said bond, or such

Page 1245

of them as have been served for the full amount thereof, and all the costs of whatever nature, which execution shall be signed by the clerk, and by the mayor of said city. Said execution shall be a lien on the property of the defendant and the sureties in the same manner as executions from the Superior Court of Tatnall county. Said executions shall be directed to the chief of police of the city of Glennville, and to all and singular and Sheriffs and constables of said State, any one of whom may execute the same. Forfeitures. Sec. 26. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the city of Glennville, including the payment of bonds, interest on bonded debts, and the creation of a sinking fund for the final extinguishment of any bonded debt, and for grading, working or paving streets, the mayor and council of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation, not exceeding one and onefourth per cent. of the assessed value of all such property; provided , that in addition thereto they shall have power and authority to levy and collect an ad valorem tax of not more than one-half of one per cent. on all property, to be known as the public school tax; and provided, further , that this public school tax shall not be levied or collected until the question of levying shall have been submitted to the qualified voters of the city of Glennville, and passed by two-thirds majority. Ad valorem tax. Sec. 27. Be it further enacted, That the city council in their discretion shall have the power and authority to levy and collect tax upon the gross sales of every merchant or

Page 1246

other vender of goods, wares, merchandise, etc., in said city; said tax not to exceed one-half of one per cent., and to be in lieu of business tax. Tax on gross sales of merchants. Sec. 28. Be it further enacted, That the said city council shall have the power and authority to provide for the levying and collecting of a business tax or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits, and upon the inhabitants of said city to engage in any profession, trade, business or occupation not exempt by law, within the limits of said city, as said city council may deem expedient, for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing, or engaging in such profession, occupation, trade or business, and city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation or business tax, or take out license for same, who engage in, or offer, or attempt to engage in such business, trade, profession or occupation, before paying such tax or taking out such license and complying fully with all the requirements of said city council made in reference thereto. Occupation tax. Sec. 29. Be it further enacted, That said city council shall have power and authority to regulate and control by ordinance, and to license all hotels, boarding houses, restaurants, saloons for the sale of bottled goods, creams, ices, soft drinks of any kind, livery, sale and feed stables, hacks, drays and other vehicles run for profit, auctioneers, itinerant traders, theaters and theatrical performances, shows, circuses and exhibitions of all kinds where an admission fee is charged, oil mills, ice works, laundries, waterworks, electric light plants, itinerant lightning rod venders, book

Page 1247

agents, peddlers, itinerant venders of any kind of goods, wares and merchandise of any kind, offered for sale, every keeper of billiard, pool and bagatelle tables, a tax for each table kept for public play, keeper of a shooting gallery, or ten-pin alley or any game of chance, upon the keeper of any table, device, stand or play for the performance of any game or play, whether played with sticks or balls, rings or other contrivances, whether for money or other things of value; upon balloons, flying-jennies or other like contrivances, skating rinks, life, fire or accident insurance agents, banks and bankers, brokers, and commission merchants, beef markets and green grocers, dealers in fish and oysters, contractors and builders, barber shops, junk shops, pawn-brokers, repairers and menders of shoes and upon all and every establishment, business trade or occupation not herein mentioned, and which by the laws of the State, are subject to license. License tax. Sec. 30. Be it further enacted, That said city council shall have power and authority to make out and establish, by ordinance, a fiscal year in discretion, from which and to which all license shall date. Should any apply for a license for any business in said city, for which a license is required at any time after the fiscal year has begun, said city council shall have authority to require from such person the same amount as required for a license for a full year, unless the city council desires to prorate the amount, which in their discretion may be done; provided , that no change in the fiscal year shall operate to the injury of any person who has paid the amount of license required of him; provided, further , that this Section of this Act is not compulsory but discretionary, and the city city council may issue license and collect same for any portion of the year. Fiscal year.

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Sec. 31. Be it further enacted, That said city council shall have power to enforce by execution of any debt or claim due or to become due to said city for taxes, license, fees, fines, forfeitures, for cleaning and repairing privies, and for abating nuisances, for laying sewers and drains, and for any and all levies, assessments, fines, debts, and demands, due or to become due to said city, said executions to be issued by the clerk and bear test in the name of the mayor, and be directed to the chief of police of the city of Glennville, and to all and singular, and Sheriffs, Deputy Sheriffs, and constables of this State, and who are authorized to execute and levy the same upon which it is issued, or on the property of the owner against whom such executions shall issue, and the same is to be sold as provided by the Code of Georgia, 1895, by Section 732, 733, 734, 735 in case of sales for taxes. Taxes, etc., how collected. Sec. 32. Be it further enacted, That said city council shall have power to provide by ordinance when the taxes of said city shall fall due, and tax executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. Sec. 33. Be it further enacted, That the said city council shall have authority to contract debts and issue bonds of said city in accordance with the limitations provided in the Constitution and general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, a system of lights, erect public buildings or any improvement, convenience or necessity for use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations herein stated. Municipal bonds.

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Sec. 34. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power and authority to issue bonds of said city not to exceed twenty-five thousand dollars in amount under restrictions hereinafter prescribed for the purpose of building a school house or school houses in said city, and supplying furniture, fixtures and apparatus for same. Said bonds shall run for a term not exceeding thirty years and said mayor and council may provide for their maturing at any time during thirty years. Said bonds when issued shall be sold and the proceeds turned over to the Glennville board of education, hereinafter provided for to be used by said board for the purposes mentioned in this Section and for no other. Before said bonds shall be issued it shall be so recommended by the said Glennville board of education and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the mayor and council, upon the recommendation of the Glennville board of education, shall order an election of which at least thirty days notice shall be given by publication of such notice of whatever paper may be the official organ of Tatnall county. Said election shall be governed by the rules and regulations governing elections for mayor and council of said city, and the qualifications of the electors shall be the same. Each voter shall have printed or written on his ballot the words For School Bonds or Against School Bonds, and if two-thirds of the qualified voters of said city vote for school bonds, it shall be the duty of the mayor and council of said city to issue them at once, and the method of ascertaining the number of qualified voters in said city at the time of said election shall be as prescribed by Section 380 of the Code of Georgia, of 1895. At the time said bonds are issued the mayor and

Page 1250

council of said city shall provide for the levy and collection of an annual tax if necessary in addition to all other taxes now authorized by law of sufficient amount to pay promptly principal and interest of said debt when the same shall come due, nor shall any part of the fund so raised be used for other purposes. If any school property of said city be sold, the funds arising therefrom shall be re-invested in other property for school purposes or applied to the liquidation of said bonds. School bonds. Sec. 35. Be it further enacted, That the free schools already established under Section 36 of the Act incorporating the city of Glenville, as found on page 846 of the Acts of the General Assembly of the State of Georgia for 1905 be, and the same is, hereby abolished. Free schools abolished. Sec. 36. Be it further enacted, That the mayor and council of said city of Glenville are hereby authorized to levy and collect an annual tax upon all property, real and personal, in addition to that now authorized by law, not to exceed three-fourths of one per cent. of all taxable property of said city, as shown by the regular tax digest of property prepared for the purpose of taxation for the purpose of supporting the schools of the city, upon the first complying with the following regulations, to-wit: Before any school shall be supported at the expense of the city, they may upon recommendation of the board of education of said city, shall advertise an election in the official gazette of Tatnall county once a week for four weeks, to be held in the council chamber in said city, at which election all persons qualified to vote, may vote. Said election to be conducted in all particulars as now required by law for elections in said city. The electors at said election shall endorse on his ballot the words For Tax or Against Tax, and if two-thirds

Page 1251

of all the qualified voters be for the tax, then and in that event said corporate authorities shall levy the tax prescribed in this Section for the purpose of operating the schools of said city. In the event that this tax is levied and collected, the same may be used not only for the purpose of supporting the schools of said city, but also for the purpose of providing furniture, apparatus, grounds, supplies, etc., for said school. In the event said schools are thus supported, the amount paid to the white schools shall be the pro rata part of the tax paid by the white tax payers of said city, and the amount paid to the colored schools shall be the pro rata part of said tax paid by colored tax payers of said city as shown by the tax digest of the city. Tax for schools. Sec. 37. Be it further enacted, That the city council of said city of Glennville are authorized out of any funds coming into their hands available for that purpose, to purchase real estate in said city of Glennville, and to erect thereon a building or buildings in which said corporate authorities and the officers of said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guard house, and such other buildings as may be necessary or convenient for carrying on the government of said city. School buildings. Sec. 38. Be it further enacted, That every male person between the ages of twenty-one and fifty years, who has resided in said city thirty days shall be liable and subject to work on the streets and side-walks of said city not to exceed fifteen days in each year, at such times as the city council may require, or pay a commutation tax in lieu thereof not to exceed five dollars a year, as the city council may determine. Should any one liable to work on the

Page 1252

streets and sidewalks of said city under this Section fail or refuse to do so, or to pay the commutation tax in lieu thereof after having received due and timely notice to do so, he shall be punished, and on conviction in the mayor's court, be fined, imprisoned in the city prison or made to labor on the streets and sidewalks in accordance to such ordinances as may be enacted covering this matter. Street work or commutation tax. Sec. 39. Be it further enacted, That the city council shall have the power to condemn and appropriate, as hereinafter provided, private property for public use, to lay off and open new streets, alleys, sidewalks, lanes or other ways for the convenience of the public or any citizen of said city; also to vacate, close, alter, widen, curb, pave and keep in repair and good order all streets, alleys, avenues, sidewalks, etc., and to construct and keep in repair drains, sewers, gutters, to lay off and improve public parks and grounds, to keep all public grounds, streets, lanes, sidewalks, alleys or other ways free from obstruction of any kind; to regulate the width of the streets, sidewalks, crosswalks on the streets, to grade or to change the grade of all the streets, sidewalks, alleys, avenues, or other ways, to require abutting land owner to curb, pave or improve sidewalks at their own expense under the direction of the city authorities, and upon failure of such land owner to do so, after notice from the city authorities, the city authorities may have such work done and collect the cost thereof from the abutting land owners by execution as other taxes are collected. Power of condemnation and street improvements. Sec. 40. Be it further enacted, That the city council shall have the right and power to regulate the use of all sidewalks, crosswalks, and bridges, over or under the same, to require the owners or occupants of any premises to keep

Page 1253

the sidewalks in front of or along the same free from obstruction of any kind, to regulate and prevent the throwing of ashes, filth, dirt, offal, garbage, or any offensive matter into any street, lane, alley, sidewalk or public place, within the city limits, or into any stream of water adjacent to the city, and to prevent any injury to the streets, sidewalks, lanes, or avenues or to any of the public grounds or buildings of the city; also to regulate or prohibit the use of the streets and public grounds for signs, sign posts, awnings, telegraph and telephone poles, horse racks and troughs, and the posting of hand bills and advertisements, and to prohibit the scattering on and over the streets and sidewalks of waste paper, refuse, goods boxes, and the like, and to regulate and provide for curbs and gutters that flow into the streets or on the sidewalks of said city. Regulations concerning use of streets. Sec. 41. Be it further enacted, That in all cases where the authorities of said city see proper to open a new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane, or alley or the proposed change in same surveyed or marked before proceeding to open the same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed for a period of ten days, during which it shall be lawful for such owner, his agent, or attorney, in case he cannot agree with the authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to the widening or changing the old street, lane or alley, and to make claim for damages which may result to such owner. In case no objection or claim for damages is filed within ten days it shall be lawful for the city council to proceed at once to open said street, lane, or

Page 1254

alley, or to make such changes in any old one agreeable to the survey made before the commencement of the proceedings; and the owner of the land through which said new street runs or such changes proposed to be made shall be stopped thereafter claiming any damage by reason of the opening of said new street, or changes, or widening of the old one. In case objections are filed and damages are claimed, it shall be the duty of the mayor of the city to select one disinterested freeholder resident of the city, and the owner or his agent another, and the two a third, and in case the said owner shall refuse to select an assessor the Ordinary of Tatnall county shall appoint one for him, on application to him reciting said facts by the mayor of the city, and the three assessors so chosen after hearing such evidence as may be offered by either party shall proceed to assess the damages resulting therefrom; provided , either party being dissatisfied with said award shall have the right to appeal from the same to a jury in the Superior Court of Tatnall county, under the laws governing appeals in other cases. Opening and widening streets. Sec. 42. Be it further enacted, That the said city council shall have the power to prescribe the limits within which wooden buildings or structures of any kind shall be erected, placed or repaired without permission of said city council; to provide that any and all buildings within said limits which shall be known as fire limits, which shall have been damaged by fire, decay or otherwise to the extent of fifty per cent. of their value shall be torn down or removed, and to prescribe the manner of ascertaining such damage and the damage sustained by the owner, by reason of being compelled to tear down or remove such buildings. In case of an offense against such fire regulations, the city council,

Page 1255

after giving notice five days shall cause any building not fireproof and erected in violation of ordinances of said city to be removed at the expense of the owner or the builder thereof, to be collected by execution as in cases of other executions issued by the city; and the city council shall have the right to determine what are and what are not fireproof buildings within the meaning of said ordinances. Said city council shall have the right and power to prohibit and prevent the construction of dangerous chimneys, fireplaces, hearths, stoves, stove pipes, ovens, boilers, and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the city council it is necessary to do so in order to insure safety against fire. Fire limits. Sec. 43. Be it further enacted, That said city council shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and waterworks, and to that end may give or sell franchises under such rules and regulations and for such period of time as they may deem right and proper. They may also grant to individuals and corporations the use of the streets, alleys and commons of said city under such rules and regulations as they deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric lights or waterworks for the purpose of furnishing the said city with lights and with water, and may pay such amounts as purchase or rentals as they deem proper. Whenever the city council shall contract for water or for electric lights for the use of said city, they may, by ordinance if they may deem best, limit the rates to individual consumers. The city council shall have power to regulate

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the operation of such electric lights or waterworks and impose upon their owners or operators or lessees such duties, obligations, restrictions and liabilities as they may deem just and equitable for the proper protection of the citizens of the city. Said city council may also pass and enforce such ordinances as become necessary for the protection of the owners, operators or lessees of such works. Light and water. Sec. 44. Be it further enacted, That any and all persons, firms and corporations, owning or holding property of any kind, in any capacity, within the corporate limits of said city on the first day of March of each year after the passage of this Act, shall return the same for taxation under oath, at any time from the first day of March to the first day of July of each year, to the clerk of said city or other officer authorized to receive the returns for said city. The city council shall cause to be prepared a blank form or schedule for the returns of all taxable property with appropriate blanks and lines for property of every description subject to taxation under the laws of the State, and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all property owned or held in any capacity by said taxpayer of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortages, bonds, stocks of any kind, not by law exempt from taxation, the full value of all notes, accounts, mortgages, liens, stocks, bonds and other investments and securities held by each taxpayer in in said city in his own right, or as agent, trustee, guardian, executor, or administrator, on the first day of March of each year, be returned whether solvent or insolvent, and with the estimate values of all such notes, accounts, mortgages, bonds and other investments and securities. Printed

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on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom returns are made, or before some officer of the State authorized to administer an oath, to-wit: I do solemnly swear that the above and foregoing is a true and correct return of all property, both real and personal, owned or held by me in any capacity whatsoever on the first day of March of the present year, subject to taxation in the city of Glennville, including money and notes and accounts, mortgages, bonds, liens, stocks and all other investments and securities, so help me God. The clerk of said city or other person receiving tax returns, shall close the books for receiving tax returns at sunset on the first day of July of each year, and shall deliver the returns to the city council at the next regular meeting. The said city council shall have power and authority if they see fit to pass an ordinance providing that all parties failing to make returns for taxation within the time prescribed herein shall be double taxed, and provide for the collection thereof. The assessment may be made at that or any subsequent meeting thereof. Tax returns. Sec. 45. Be it further enacted, That said city council shall have power and authority each year at any time after the books for receiving tax returns is closed, if they are not satisfied that all returns of property have been made at a fair valuation thereof, to appoint three upright and discreet citizens of said city to act as tax assessors, whose duty it shall be to value the real estate and personalty in said city for taxation, and to scrutinize carefully each return of property, real and personal, by any taxpayer of said city; and if in their judgment, they shall find the property embraced in any return, returned below its true value, they shall assess the value thereof within twenty days after

Page 1258

their appointment, and whenever they shall raise the valuation at which the taxpayer has returned his property, they shall give him or her notice in writing of their assessment; then it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter submitted to three disinterested persons, residents of said city, one of whom shall be selected by him and one by the assessors and the other by these two selected, and the majority of these shall fix the assessment, which shall be final. Tax assessors. Sec. 46. Be it further enacted, That said city council shall have power to regulate or prevent the storage of gunpowder, dynamite, or any other explosive substance, resin, petroleum, cotton, or any other combustible material within the limits of said city; to regulate or prohibit the building of bonfires, and the exploding of fireworks, skyrockets, and roman candles, firecrackers, and other pyrotechnic display within city limits. Explosives, etc. Sec. 47. Be it further enacted, That said city council shall have power to summarily and forcibly remove at any time and without notice to anyone and all, obstructions of any character from the streets, sidewalks, alleys, and avenues of the city. They shall have authority to prevent loiterers, tramps, vagrants, and idle persons and lewd females from walking the streets and sidewalks of the city, and may punish them, in their discretion, by any punishment authorized by this Act. And whenever it shall appear to the mayor by evidence sufficient to excite suspicion that any room, house or building is being used in said city as a residence of lewd women, as a place where spirituous or intoxicating liquors are sold in violation of law, or a place where gambling is being carried on, or other immoral and illegal and disorderly practices are carried on, the

Page 1259

mayor may order the police or any marshal of said city to enter said building, house, room, cellar or shack, by force if necessary, and arrest the occupants thereof and bring them before him to be dealt with according to law; that said city council shall have power to regulate traffic and sales upon the streets, to regulate the speed of trains, automobiles, cars, locomotives within the limits, to prevent fast driving of horses or other animals through the streets; to suppress rowdy or disorderly houses, gambling dens, houses of ill fame and prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within the city; to declare what shall be a nuisance and to abate the same; to provide for the punishment of all persons who may create or permit nuisances to exist, to prevent the establishment of any offensive or unhealthy place of business within the city; to compel the owner of any stable, hog pen, privy, or any offensive or unhealthy, nauseous house or place to cleanse, abate or remove the same and to regulate the location thereof; to prevent the keeping or storage for illegal purposes within the city any wine, liquor or other spirituous or intoxicating liquors of any kind, and to punish any person for violating any ordinance relating thereto. Police powers. Sec. 48. Be it further enacted, That said city council shall have the power to enact ordinances for the purpose of preventing the spread of any contagious disease; to declare, maintain and enforce quarantine regulations against such disease, and to punish for violating any of the quarantine regulations of said city. They shall have power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city or to condemn such real estate, if it cannot be purchased, under the rules heretofore

Page 1260

established for the condemnation of property. They shall have power to compel the removal to the pest house of any person or persons who have small pox or other contagious diseases, when in their judgment it is best for the welfare and health of the city, and citizens thereof. They shall have power to compel all persons to be vaccinated, both permanent residents and sojourners, and may provide vaccine points and employ a physician at the expense of the city to vaccinate all persons who are unable to procure it done, and may provide by ordinance for the punishment of persons failing or refusing to be vaccinated. Quarantine and pest houses. Vaccination. Sec. 49. Be it further enacted, That the mayor and council shall have the right to revoke any license at any time that may be or may have been granted by them under provisions of this charter whenever it is sufficiently shown to them that the person or persons to whom said license was granted is abusing the same, or when it is to the best interest of the city to do so. Licenses revocable. Sec. 50. Be it further enacted, That the city council shall have power and the right to establish a fee-bill for the officers of said city. Said fees may be collected and turned into the treasury of the city, or may be paid to the officers so earning said fees, as the mayor and councilmen shall by ordinance direct. Fees of officers. Sec. 51. Be it further enacted, That the salary of all officers of the city of Glennville shall be fixed by the mayor and council at their first regular meeting after their installation and qualification, which salaries shall not be increased or diminished during the term of office of said officer; provided , that the salary of the mayor of said city shall in no wise exceed the sum of five hundred dollars per

Page 1261

year, and the salary of councilmen shall not exceed the sum of three hundred dollars per year, unless by an amendment of this Act. Salaries. Sec. 52. Be it further enacted, That it shall not be lawful for any member of the city council to be interested either directly or indirectly, in any contract with the city of Glennville having for its object the public improvement of the city, or any part thereof, or the expenditure of its money. Any violation of this Section by any member of said council, or the mayor, shall subject him to removal from office and he shall be punished in the courts of competent jurisdiction as for a misdemeanor. Mayor and councilmen not to be interested in any municipal contract. Sec. 53. Be it further enacted, That said city council shall have power to protect places of divine worship and all other lawful assemblages. They shall have the right to control and exercise supervision of cemeteries, and to that end may acquire, by purchase or gift, lands either within or without the city limits for the purpose of establishing a place for the burial of the dead. They may by ordinance prevent the burial of the dead at any place in said city they so desire. They may prescribe where the dead shall or shall not be buried. Should any cemetery be established under this Section, either within or without the city limits, the said city council shall have the right to sell or dispose of lots or sections in said cemetery, lay out, work and keep up a street or streets to said cemetery, or walks, lawns or roads within the same, and to regulate the method of burial therein, and to do all and everything necessary for the health and safety of the citizens. Churches and cemeteries. Sec. 54. Be it further enacted, That there shall be a board of education for said city, under the corporate name

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of the Glennville board of education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, maintain, control, and manage the public schools in and for the city of Glennville. Said board of education shall consist of five members to be elected at the same time that elections are held for mayor and councilmen, and under the same regulations. The present members of the board, elected under the Acts of 1909, shall continue in office until their terms of office expire, after which vacancies shall be filled as provided in said Act. All members of said board shall be residents of said city, and no member of the council of said city, or the mayor shall be eligible to membership thereon. All vacancies on the board of education shall be filled by special election for the unexpired term only, and to be held in the same manner as the regular election for members of the board of education and the members of said board shall hold their office until their successors are elected and qualified. Before entering upon the discharge of their duties, they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. The said board of education are hereby authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control as to them may seem proper and right, which are not in conflict with the laws of this State. Board of education. Sec. 55. Be it further enacted, That the officers of said board of education shall be a president, vice-president, secretary and treasurer, and such other officers as the board of education may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of duties, shall take and subscribe to an oath

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to faithfully discharge the duties of his office and shall give bond in such sum as may be fixed by the board of education, to faithfully account for all money coming into his hands as such officer, which said bond shall be made payable to said board of education, and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of the State for any breach of said bond by the secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said city. Said board of education may direct the manner in which said secretary and treasurer shall pay out the funds coming into his hands. His term of office shall be for two years, and until his successor is elected and qualified. Officers of board. Sec. 56. Be it further enacted, That said board of education shall have power and it is hereby made the duty of said board, to devise, design, adopt and establish under this Act, a system of public schools as soon as the same can be conveniently and practically done; to modify the same, after they shall have been established, from time to time as the situation may require; to establish such schools as they see fit for the white children and also for the colored children of said city, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one, and in this have the concurrence of the mayor and city council of the city of Glennville. System of public schools. Sec. 57. Be it further enacted, That said board of education shall keep full and accurate minutes of proceeding of said board, which said board shall meet once a month in regular session, and which said minutes and other books

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shall be subject to inspection to the mayor and city council or any other interested citizen of said county. Said board shall supervise and regulate and make efficient said school system; shall prescribe the curriculum and the books to be used in said schools; shall select and employ teachers for said school, and if they see fit a superintendent for said schools. They shall fix the school term and the time of beginning and closing of said schools; they shall have the right to remove and suspend said teachers and superintendents whenever, in the discretion of the members of said Board, they may deem such action to be for the interest of said schools, and their action in so doing shall be conclusive in all cases, and not subject to review by any body or any court. They shall fix the compensation of teachers, and pay the same. Provided, however , that said board shall not be liable for any amount to teachers or superintendents further than the amount of the public school fund received from the State School Commissioner for any one year. Said board of education shall make such by-laws, rules and regulations for the government of said board and for the control of teachers and schools as may be deemed fit and proper; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools and do any and all other acts which they deem best to promote the best educational interest of said city, not in conflict with the laws of this State. Powers of board. Sec. 58. Be it further enacted, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of schools of said city. School property.

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Sec. 59. Be it further enacted, That said board of education shall out of any funds going into its hands, provide school houses by renting, leasing, purchasing or building suitable buildings and shall properly furnish the same for school purposes. The title to all such property shall be in the corporation of the city of Glennville. School houses. Sec. 60. Be it further enacted, That said board of education shall keep an accurate account of all moneys or property received by them for the use of said public schools, and all expenditures made by them; these accounts shall at all times be open to inspection to the mayor and council of the city of Glennville or any interested citizen of said city. The members of said board shall be personally liable for any school funds appropriated for other purposes. School funds. Sec. 61. Be it further enacted, That said board shall annually make report to the mayor and council of the city of Glennville in writing of the condition of said schools, and shall accompany said report with a full itemized statement of all moneys received and expended by said board. Reports of board. Sec. 62. Be it further enacted, That no officer of said board of education shall receive any compensation for his services as such officer except the secretary and treasurer, whose salary shall not exceed one hundred and fifty dollars per year. Provided, however , that said Board can pay reasonable compensation for any special service which they may find necessary to secure in order to properly and legally establish and maintain said school system. Salaries. Sec. 63. Be it further enacted, That the school herein provided for shall run for a period of not more than ten scholastic months, nor less than five scholastic months in

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each year. Provided , that in the event of loss of building or from other reasonable causes school may be entirely suspended. Scholastic year. Sec. 64. Be it further enacted, That the board of education of Tatnall county or such body as may have charge of the public schools of the county, shall not establish or open any schools within the corporate limits of said city of Glennville, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by the board of education of Glennville. County schools. Sec. 65. Be it further enacted, That the State School Commissioner of the State of Georgia shall pay over to the treasurer of the board of education of Glennville the pro rata share of the State and county school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the city of Glennville, increased by the number of children of school age residing without the limits of said city but within the limits of Tatnall county, who attend such school. For each child of school age residing within the limits of the city of Glennville and for each child of school age residing without the corporate limits in Tatnall county, but attending said public schools of Glennville, the city of Glennville is entitled to receive for each year the amount apportioned for the State school fund for each child of school age residing within the county of Tatnall. The amount to be paid shall be paid at such time as the teachers of the county are paid and when paid shall be expended by said board for the support and maintenance of said public schools of Glennville. It shall be the duty of the board of education to have, prepare and furnish the State School Commissioner annually, in the fall of each year, at such times as the Board

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may establish, a list or census of all school children residing in the city of Glenville, and all children of school age residing in the county of Tatnall, who attend said public schools in said city. The board of education may admit the children of non-residents upon such terms as to them may seem reasonable and just. Pro rata share of State school fund. Sec. 66. Be it further enacted, That all legal contracts heretofore entered into by the city of Glennville or the corporate authorities thereof, shall be good and valid for or against the city of Glennville incorporated under this Act, to the same extent as if this Act had not passed. All the rights and liabilities of the city of Glennville under the former Acts shall accrue and survive to and against the city of Glennville, incorporated under this Act. All property and rights thereof now held and owned by the city of Glennville under former Acts, shall be and become the right and property of the city of Glennville incorporated under this Act. Existing rights and liabilities. Sec. 67. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. GRAY, TOWN OF, NEW CHARTER. No. 218. An Act to create a charter for the town of Gray, in the county of Jones and State of Georgia, to provide a municipal government for said town, to define its boundary, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Gray, in the county of Jones, be, and the same is, incorporated under the name and style of the town of Gray, and by that name have perpetual succession, may have and use a common seal, may sue and be sued, plead and impleaded in any court of law or equity in this State, may purchase, have, hold, receive, enjoy and retain to itself any estate or estates, real or personal of whatever kind or nature, within or without the corporate limits thereof, may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said town, as mayor and aldermen in regular council meeting may adjudge fit and proper. The mayor by direction of said council making, executing, delivering all contracts thereto. Gray, town of; new charter, corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend in every direction fifteen hundred yards from the northeast corner of the present court house of the said county of Jones. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five aldermen; said council may elect or appoint such other subordinate officers of said town as they may deem necessary at any time for the enforcement of the provisions of this charter or any ordinance passed in pursuance thereof, all of whom shall be deemed and held lawful officers of this State and town. All subordinate officers shall hold their offices at the will of said council, and receive such salary or compensation as may be attached to such office or appointment, and shall take

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and subscribe such oath and execute such bond for the faithful discharge of the duties that shall be required by the ordinances of said city. Mayor and aldermen subordinate officers. Sec. 4. Be it further enacted by the authority aforesaid, That J. M. Bonner shall be and is hereby appointed mayor of said town, and J.E. Morton, T.C. Morton, J. H. C. Ethridge, T. H. Trice and F. M. Stewart shall be and are hereby appointed aldermen of said town to hold their several offices until the election and qualification of their successors. That an election for mayor and aldermen to succeed such named officers be held on the first Wednesday in January, 1912, and biennially thereafter on the same day under such rules and regulations as may be adopted by said council not inconsistent with the provisions of this charter and the laws of this State. Mayor and aldermen appointed. Election of successors. Sec. 5. Be it further enacted by the authority aforesaid, That all municipal elections in said town shall be held in the court house between the hours of eight o'clock A. M. and three o'clock P. M., and shall be held by any two citizens that may be freeholders of said town, being first sworn to hold said election properly and faithfully. Said freeholders shall be appointed by the council, neither of whom being a candidate. Said election shall be conducted as provided by law for the election of members of the General Assembly for this State, except that only two list of voters and tow tally sheets need be kept. The managers shall count the votes cast, declare the result and certify the same to the mayor and council, and deposit with the mayor all papers pertaining to said election, who shall retain them unopened for ten days and destroy them unless notice of a contest shall have been field. All contests shall be conducted by the general laws of force in this State. If from

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any cause there should be a failure to hold an election at the time appointed, the mayor and council may order an election to be held as soon as practicable by giving at least five days notice thereof by publication or written notice at the court house. Elections, how held. Sec. 6. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the county of Jones who have resided in said town six months next preceding said election, who have paid all taxes legally imposed by the authority of said town, including street tax and all fines lawfully imposed upon him, and have complied with such registration laws and ordinances as shall have been adopted by said council, shall be qualified to vote therein; provided , that no one shall be permitted to vote who on being challenged as a voter, fails to take the oath prescribed by law and to swear that he has been a bona fide citizen of said town six months next prior to said election. Voters. Sec. 7. Be it further enacted by the authority aforesaid, That any person voting illegally at any municipal election held in said town shall be guilty of a misdemeanor, and be punished as prescribed by law for illegal voting in this State. Illegal voting. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall at the time of their election be qualified voters in said town and shall receive no salary for their services, but shall be exempt from street tax during their continuance in office. Qualifications of mayor and aldermen. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen-elect shall within ten

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days after their election, meet at a time and place to be designated by said mayor and take and subscribe an oath faithfully and to the best of their ability to discharge the duties of the respective offices, which shall be recorded in the minutes of the council. Oath of mayor and aldermen. Sec. 10. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall also elect a treasurer and marshal and deputy marshal if they deem necessary, each of whom, when elected, shall enter into a bond with sufficient sureties approved by the mayor, in such penalty as the council shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over as required by the council, all taxes, fines, forfeitures, and all other incomes of said corporation, and said officers shall continue in office during the pleasure of council, and perform the duties respectively as prescribed, or as may be required by the council. Municipal officers. Sec. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall hold at such times and places as they may appoint, meetings for the transaction of the business of the town. The mayor shall preside, or a mayor pro tem. , to be elected by said council from one of their number, who shall vote on all questions in case of a tie. Said mayor or other member of council designated by it in the absence or disqualification of the mayor, shall hold police courts for the trial of all offenders for the violation of the laws and ordinances of said town, and on conviction shall punish each offender by a fine not exceeding one hundred dollars, or imprisonment in the calaboose or county jail not exceeding ninety days, or work on the streets not exceeding ninety days, any one or two, or all of such punishments, in his discretion. He shall have power to

Page 1272

punish for contempt by fine not exceeding five dollars, and imprisonment not exceeding twenty-four hours. From the decision of the presiding officer there shall be right of appeal t othe council, a majority of whom shall decide all questions and issues on appeal. Meetings of council. Police court. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor shall have the power to discharge the duties of an ex-officio Justice of the Peace in all criminal matters, and upon an investigation in a police court, the mayor or other member of the council presiding in case it should appear that an offense against the criminal laws of this State has been committed, shall have power, and it shall be his duty to bind the offender to the proper court, or commit him to jail, as the general statutes of this State provides by committing magistrates. Commitments. Sec. 13. Be it further enacted by the authority aforesaid, That said mayor shall be the chief executive officer of said town. He shall see that the laws and ordinances, rules and orders of the mayor and council are faithfully executed. He shall have control of the police of said town; may appoint special police in his discretion, and shall see that the peace and good order of the town are preserved; that all persons and property therein are protected, and to this end may cause the arrest and detention of all riotous or disorderly persons or suspicious characters, or any person violating the laws, ordinances or rules of said town. Powers and duties of mayor. Sec. 14. Be it further enacted by the authority aforesaid, That in the case of the absence, sickness or disqualification of the mayor, the mayor pro tem., who shall be elected, by the council from one of their number, shall exercise all the powers with which the mayor is invested, and to perform all the duties required of him. Mayor pro tem.

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Sec. 15. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to pass all laws, ordinances and rules for the government of said town, not in conflict with the Constitution and laws of this State for the protection of life, property, peace, good order, health, comfort and convenience of the citizens of said town, and other persons therein, and to provide suitable penalties for the violations of the same. General welfare. Sec. 16. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority over all streets, alleys, sidewalks, parks and cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public house, markets, butcher pens, hog pens, livery stables, blacksmith shops, gins, mills, and machinery propelled by steam, gasoline or electric power, and to remove the same in case they should become dangerous to persons or property or injurious to public health. To establish fire limits and regulations to guard against fire, and to organize and maintain a fire department; to establish a system of sewerage, drainage and waterworks; to maintain street lights; to establish and maintain an electric light plant and system; to establish and maintain other appliances and other improvements as may conduce to the health and comfort of the citizens of the town; to fill excavations, construct ditches, drain ponds and marshes and to exercise all such police authority over all parts of the town as will conduce to the health, peace and comfort, good order and the convenience of the citizens and to pass all such ordinances as they may deem necessary therefor. Provided, however , the county authorities of said county of Jones shall continue to work, maintain in repair all the public roads and highways in said town for

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a uniform width of thirty feet as if this Act had not been passed, until the council of said town shall take over and assume to discharge the care and maintenance of said roads and highways. Administrative powers of council. Sec. 17. Be it fruther enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect an ad valorem tax of not exceeding one-half of one per cent. upon all property, both real and personal, in said town, and upon all franchises exercised therin, and may adopt such measures in their discretion as shall secure the fair and equitable return of all properties for taxation, and may, in their discretion, appoint three free-holders of said town as tax assessors whose duty it will be to assess all property in said town for taxation at a fair cash valuation, and that said assessors shall have been residents of said town six months prior to said appointment. That said council shall have power to require all male residents within the corporate limits of said town who are twenty-one years old and over to work on the streets as heretofore provided or the sidewalks of said town, or they may prescribe a commutation tax in lieu thereof not to exceed three dollars per annum. They shall have power to levy a special or license tax upon all kinds of business callings, professions, or occupations, carried on in said town, upon all shows, exhibitions and performances carried on for gain; upon all peddlers, or itinerant traders or vendors, insurance, and machine agents, and book agents; upon all livery stables, hacks, drays or other vehicles kept for hire; stallions, jacks or bulls kept for breeding, hotels, restaurants, beef markets, lunch counters; dealers in fish and oysters; barber shops; dealers in soft drinks, ciders, near beers, or such other drinks, the sale of which is not forbidden by the prohibition laws of the State of Georgia,

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and may regulate the conduct of such business by ordinance and prescribe the method of obtaining license therefor, and prescribe penalties against any one exercising such privileges in said town without having first paid such tax or secured such license; provided , that there shall never be granted any license or authority to keep, handle or sell any spirituous, malt or intoxicating liquors in whatever form or guise or name the same be had, and the selling of any of such liquor in said town shall be illegal and punished as prescribed in Section eleven of this Act for other offenses; provided, further , that the taxes upon all railroads, corporations and other public utility companies shall be assessed and paid as is prescribed by the laws of this State as set out in Sections 872, 873, 874, 875, 1032 and 1054 of Volume one of the Code, 1910. Taxation. Sec. 18. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to enforce by execution the collection of any amount due or to become due to said town for taxes, fines, assessments, license fees or otherwise, which executions shall be issued by the secretary and treasurer and bear test in the name of the mayor, and be directed to the marshal of said city, his deputies and sheriffs, and deputies of this State, who are hereby authorized and required to execute all writs, processes, warrants, executions, subp[UNK]nas, rules and orders as aforesaid. All sales by said marshal shall be conducted as provided by law for sheriff's sales, and as such he shall make title and put purchasers in possession of property sold; provided , that the marshal shall turn over to the sheriff all levies made on real estate who shall sell same as provided by law. Taxes, etc., how collected. Sec. 19. Be it further enacted by the authority aforesaid, That all judgments and executions issued under the

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provisions of this Act, shall be a lien upon and bind all the property of the defendant, from the date thereof, and shall rank with and have precedence as provided by the laws of this State as to liens by executions and decrees. All claims and illegalities filed thereto shall be returned to the Superior Court of Jones county, or other Court of said town or county having jurisdiction, and be there tried as provided by law for the trial of other claims and other illegalities, the cost to be the same and to be taxed and paid as prescribed by law for other such cases in such Courts. Liens. Claims and illegalities. Sec. 20. Be it further enacted by the authority aforesaid, That in the event there should from any cause be a vacancy in the office of mayor, the mayor pro tem. shall become mayor with all the powers heretofore set out until the next general election and the council shall from their number elect a mayor pro tem. Mayor pro tem. Sec. 21. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1911. GREENVILLE, CHARTER AMENDED. No. 13. An Act to amend an Act incorporating the city of Greenville, Georgia, approved September 12th, 1887, providing that the mayor and the council may levy, assess and collect an ad valorem tax, not to exceed ten mills on each dollar of a value of the taxable property of said city, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the charter of the city of Greenville, Meriweather county, Georgia, be, and the same is, hereby amended as follows: By striking the words the amount of State tax in the sixth line of Section eight of said charter, Acts of the Georgia Legislature, 1887, page 502, and inserting in lieu thereof the words ten mills on each one dollar, so that said Section when amended shall read as follows: Greenville, city of: Section 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon the real and personal property within the corporate limits of said city, as they may deem necessary for the support and government of said city; provided , that the tax so assessed shall not exceed ten mills on each one dollar; also to levy and collect such tax on business occupation, theatrical exhibitions or other performances, exercised, performed or exhibited within the corporate limits of said city, and fix such license on circuses, menagerie shows, including shows of domestic or wild animals, as may be deemed proper. Taxation. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911. GUYTON, TOWN OF, CHARTER AMENDED. No. 192. An Act to amend an Act entitled An Act to incorporate the town of Guyton, in the county of Effingham, and to

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provide a government for the same, approved October 28, 1887, and all subsequent Acts amendatory thereof, so as to provide for the filling of vacancies in the offices of mayor and aldermen, to authorize an increase of penalties in the police court of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section eight of said Act be amended by adding at the end of said Section the following, to-wit: Provided , that the mayor pro tem. shall order an election to be held within thirty days to fill any vacancy in the office of mayor, and the same law shall govern said election as in regular elections for mayor. In like manner vacancies on the board of aldermen shall be filled. So that when said Section eight is amended it will read as follows: Section 8. Be it further enacted, That the said mayor and aldermen may elect one of their number mayor pro tem. , who shall have authority to discharge the duties of mayor whenever, from sickness, absence from the town or other cause, the mayor is unable or fails to act, or during any vacancy in the office of mayor; provided , that mayor pro tem. shall order an election to be held within thirty days to fill any vacancy in the office of mayor, and the same law shall govern said election as in regular election for mayor. In like manner vacancies on the board of aldermen shall be filled. Sec. 2. Be it further enacted, That Section eleven of said Act be amended by striking therefrom the word fifty where it occurs in said Section and insert in lieu thereof the following words, to-wit: One hundred; be amended further by striking therefrom the word and figures (20) and insert in lieu thereof the following words and figures,

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to-wit: thirty (30), so that when said Section eleven is amended it shall read as follows: Section 11. Be it further enacted, That in order to carry into effect all the powers hereinbefore enumerated, and by this Act conferred upon said corporation and the said mayor and aldermen, the said mayor and aldermen shall have power to make and pass all needful orders, by-laws, ordinances, rules and regulations not contrary to the Constitution and laws of this State, and to impose, prescribe and enact reasonable fines, penalties and imprisonments in the county jail of the county or such other places as the corporate authorities may provide, for violation of the same, or any part thereof; provided, however , no penalty for such violation shall exceed a fine of one hundred dollars in amount, or imprisonment for thirty days, except as hereinafter provided; and it shall be lawful for the purpose of enforcing said ordinances of said town in lieu of fine or imprisonment, said penalty may be to work on the streets of said town not to exceed thirty (30) days at any one time for one penalty; provided , that the corporate authorities alone shall be liable for the jail fees of all persons confined therein for violation of city laws; and provided, further , that the jailor shall not be compelled to receive any prisoner sentenced under the provisions of this Act until satisfactory arrangements have been made by the corporate authorities for the payment of the jail fees; provided , the right of appeal to council and the courts is hereby given. Police powers of council. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict to this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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GUYTON, CHARTER AMENDED. No. 168. An Act to amend an Act entitled An Act to amend the charter of the town of Guyton, Georgia, and the amendments thereto, reducing the tax on the property of the town from one-half of one per cent. to one-quarter of one per cent. and authorizing the mayor and aldermen of said town to levy and collect a specific or license tax on the places in the town where mercantile trade is carried on, approved December 15th, 1897, so as to authorize an increase of said specific or license tax not exceeding twenty-five dollars and to authorize the mayor and aldermen of said town to levy and collect a specific or license tax not to exceed twenty-five dollars on agents and agencies in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section one of said Act to be amended by inserting in the ninth line of said Section one between the words carried on and provided not the following, to-wit: And on agents and agencies in said town; and by striking from said Section one the word twenty where it occurs in said Section and insert in lieu thereof the following word, to-wit: twenty-five, so that when said Section one is amended it will read as follows: Section 1. Be it enacted by the General Assembly of Georgia, That the charter of the town of Guyton, Georgia, and the amendments thereto, are hereby so amended as to reduce the tax on the property of the town from one-half of one per cent. to one-quarter of one per cent., this reduction not to be construed to repeal the school tax law of said town, and the

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mayor and aldermen are hereby authorized to levy and collect a specific or license tax on places in the town of Guyton where mercantile trade is carried on and on agents and agencies in said town; provided , not more than twenty-five dollars shall be required on any one place for one specific or license tax, nor shall any taxes be required for the sale of articles produced by the seller or on the farm of the same. The mayor and aldermen of the town of Guyton shall define by ordinance the manner in which this tax is to be levied and collected, whether by license on the place of business, or by specific tax on each class of merchandise, and shall state the amount of tax in each particular and shall publish the same in the usual manner of publishing ordinances for the town thirty days prior to the time when the tax is to take effect, and the mayor and aldermen shall have the same authority to enforce the collection of the taxes herein provided for that were given them in the charter of the town of Guyton for the collection of taxes. Guyton, town of: Taxation. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19,1911. HARRISON, CHARTER OF AMENDED No. 116. An Act to amend an Act entitled an Act to create a new charter for the town of Harrison; to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes, approved August 22, 1907.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that Section 2 of the charter of Harrison be and the same is amended by striking and a city treasurer in fourth and fifth line, so that said Section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That an election shall be held at the council chamber, in the town of Harrison, on the fourth Monday in August, 1907, and biennially thereafter, for a mayor and five aldermen to serve two years and until their successors are elected and qualified. The polls of said election shall be opened at 10 o'clock in the forenoon and closed at 3 o'clock in the afternnoon. Harrison, town of: Election of mayor and aldermen. Sec. 2. Be it further enacted, That Section 9 of said charter be amended as follows: By striking and a town treasurer in the third line, so that said Section, when amended, shall read as follows: Be it further enacted, That the person or persons who receive the highest number of votes at said election for mayor and aldermen respectively shall be declared duly elected. Results of election. Sec. 3. Be it further enacted, That Section 17 of said charter be amended as follows: By striking and treasurer in second line and fifty in ninth line, so that said Section, when amended, shall read as follows: Be it further enacted, That at its first meeting the mayor and council shall elect a clerk; his qualifications shall be the same as those of the mayor; he shall take such oath of office required by the mayor and council, with good and sufficient security to be approved by the mayor and council, for the faithful performance of his duties; he shall be clerical officer of the council and his duties shall be such as shall be prescribed

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by the ordinances of the town and by the mayor and council; his compensation shall be $24 per year, payable monthly, besides such fees as may be prescribed by ordinance of said town. Clerk of council. Sec. 4. Be it further enacted, That at its first meeting the mayor and council shall elect from among the aldermen a treasurer; his qualifications shall be the same as those of the mayor; he shall take such oath of office required by the mayor and council, with good and sufficient security, to be approved by the mayor and council, for the faithful performance of his duties. His duties shall be such as shall be prescribed by the ordinance of the town and by the mayor and council; his compensation shall be $12 per year, payable monthly. Treasurer. Sec. 5. Be it further enacted, That Section 24 of said charter be amended as follows: By striking in the County Jail of Washington County or in seventh and eighth line and in the chain gang of Washington County upon the public works of said County in ninth and tenth lines, so that said Section, when amended, shall read as follows: Be it further enacted, That the mayor and council shall have the power to organize a mayor's court and a mayor and acting mayor shall preside therein and hold daily sessions or as often as may be necessary to clear the guard house. He shall have a cognizance of all violations of town ordinances, and may punish all violators of said ordinances by any fine, not to exceed $500, by imprisonment in the guard house of Harrison for any term, not to exceed ninety days, or by compulsory work at such places as the mayor may direct; any and all of the above punishments to be inflicted in the discretion of the mayor and acting mayor, and said mayor or acting mayor shall have authority to impose any of the above punishments in the alternative. Mayor's court.

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Sec. 6. Be it further enacted, That Section 28 of said charter be amended as follows: By striking the mayor and council are hereby authorized to make such contracts as they see proper in eighth and ninth lines, with the authorities of Washington County for the hire of city convicts in tenth and eleventh lines, so that said Section, when amended, shall read as follows: Be it further enacted, That the Jailor of Washington County may receive persons arrested by the officers of the said town of Harrison or convicted in the mayor's court of said town, or bound over from said court into Jail of Washington County on same term as other prisoners, and the said town of Harrison shall be responsible to said jailer for the expenses of keeping said prisoners when they are confined for violating the ordinances of said town. Jail of Washington County. Approved August 17, 1911. HAZLEHURST, TOWN OF, PUBLIC SCHOOL No. 157. An Act to amend an Act entitled An Act incorporating the town of Hazlehurst, in the Counties of Appling and Coffee, approved August 22, 1891, and amended, which amendment was approved August 22, 1907; said Act to amend Section 6 on page 715 of the laws of 1907, amending the mayor's executive power from $100 fine to $500 and from sixty days' work upon the streets to 180 days, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That an Act entitled an Act incorporating the town of Hazlehurst, in the Counties of Appling and Coffee, approved August 22, 1891, and an Act entitled Hazlehurst Charter Amendment, approved August 22, 1907, be, and the same is hereby amended, as follows, to-wit: By striking the thereof the word five; by striking the word sixty in the twelfth line of said Section and inserting in lieu thereof one hundred and eight, so that when amended said Section will read as follows: Be it further enacted, That Section 7 of said charter be amended by striking from the second, fourth and eighth lines of said Section the word town and substituting the word city therefor, so that said Section, when amended, shall read as follows: Be it further enacted, That the mayor shall be the chief executive officer of the said city; that he shall have jurisdiction to try all persons charged with the violation of any of the ordinances, rules or regulations of said, city, and upon conviction, to punish such persons by fine not exceeding $500 and not less than one dollar, and imprisonment not exceeding thirty days, and work upon the streets of said city not exceeding 180 days. Any or all of said punishment may be inflicted in the discretion of said mayor or person acting as mayor, in the trial of persons charged with the violation of the ordinances, rules and regulations of said city. Hazlehurst, town of: Mayor's court. Sec. 2. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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HAZLEHURST, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 158. An Act to amend an Act, approved December 18, 1901, authorizing the establishment of a system of public schools in the town of Hazlehurst, and amended, which amendment was approved August 17, 1903; said act to amend Section two on page 243 of the laws of 1903 by striking the word eight in the second line of said Section and inserting in lieu thereof the word nine. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that Section two on page 243 of the laws of 1903 be amended by striking the word eight in the second line of said Section and inserting in lieu thereof the word nine, so that when amended said Section shall read as follows: Be it further enacted by the authority aforesaid, That the term of school shall not be more than nine scholastic months in each year, and that school shall not be suspended during the fall of the year 1903. Hazlehurst, town of: Scholastic year. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. HAZLEHURST, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 198. An Act to amend an Act, approved December 18, 1901, authorizing the establishment of a system of public schools

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in the town of Hazlehurst, and amended, which amendment was approved August 17, 1903; said Act to amend Section 2 on page 243 of the laws of 1903 by striking the word eight in the second line of said Section and inserting in lieu thereof the word nine. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that Section two on page 243 of the laws of 1903 be amended by striking the word eight in the second line of said Section and inserting in lieu thereof the word nine, so that when amended said Section shall read as follows: Be it further enacted by the authority aforesaid, That the term of school shall not be more than nine scholastic months in each year, and that school shall not be suspended during the fall of the year 1903. Hazlehurst, town of: scholastic year. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. Note by the Compiler.This Act is the same as the preceding Act No. 158. Enrolled copies of both are on file in the office of the Secretary of State. HIRAM, TOWN OF, CHARTER OF, AMENDED. No. 295. An Act to amend an Act to incorporate the town of Hiram, Georgia, to authorize the mayor and council to condemn private and corporate property for streets, sidewalks, alleys, squares and parks, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act incorporating the town of Hiram, in the County of Paulding, State of Georgia, approved August 21, 1906, be so amended: That the mayor and council of the said town of Hiram shall have full power and authority to lay out, open, widen, straighten or otherwise change and alter streets, sidewalks, alleys, squares and parks within the corporate limits of said town and to alter and establish for the same. Hiram, town of: Streets, etc. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Hiram, Georgia, shall have power and authority to lay out, open, establish and locate water mains and lines, sewer lines and all lines necessary for public water and public sewer lines within the corporate limits of said town of Hiram, to regulate grades of same, to open ditches and ways necessary for the construction of a perfect water and sewer system for said town across either or both private or corporate property. Drainage and sewerage. Sec. 3. Be it further enacted by the authority aforesaid, That the right to condemn, take and damage private and corporate property within the corporate limits of said town of Hiram for public use is hereby expressly delegated to and conferred upon the mayor and council of said town of Hiram, Georgia, under the doctrine of eminent domain, upon just and adequate compensation, being first paid or tendered for property so taken or damaged to the owner thereof. Power of condemnation. Sec. 4. Be it further enacted by the authority aforesaid, That just and adequate compensation for property taken or damaged by said town of Hiram, for public use, under and

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by virtue of this Act, shall be ascertained, fixed and determined under and by virtue of the rules of law now in force in this State, as embraced in chapter 9 of the Code of the State of Georgia, 1910. Compensation for property taken. Sec. 5. Be it further enacted by the authority aforesaid, That all other and all further powers with reference to the subject matters of this act usually conferred upon like corporations is hereby conferred upon the said town of Hiram. General powers of council. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 31, 1911. HIRAM, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 200. An Act to amend an Act to establish a system of public schools for the town of Hiram, Paulding county, Georgia, approved August 14, 1909, by providing for election of board of school commissioners, prescribing their terms of office, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the act establishing a system of public schools for the town of Hiram, Paulding County, Georgia, approved August 14, 1909, be, and the same is hereby amended as follows:

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That the board of school commissioners for said town shall be composed of six members, to be elected at the time and place and under the same rules and regulations as elections for mayor and councilmen for said town of Hiram, Georgia; the successors to W. W. Hunt and G. W. Ragsdale to be elected on the first Monday in December, 1911; the successors to W. M. Winter and H. R. Rakestraw to be elected on the first Monday in December, 1913, and the successors to J. W. Moon and O. S. Croker to be elected on the first Monday in December, 1915; the term of office for all subsequent members of said board of school commissioners shall be for a term of six years and until their successors shall qualify. Hiram, town of: School commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That said board of school commissioners may fill all vacancies in said board by appointment until the next ensuing election for mayor and councilmen for said town, at which elections members of said board shall be elected to fill all unexpired terms and for successors to members of said board whose terms of office will expire before the next ensuing election thereafter. Vacancies in board of commissioners. Sec. 3. Be it further enacted by the authority aforesaid, That said Act, approved August 14, 1909, be and the same is hereby further amended by striking the word one next following the word of and next before the word of in line four of Section five of said Act and by inserting in lieu thereof the word two, so as to make said Section 5 of said Act, when amended, read as follows: Be it further enacted, That an election shall be held every two years at the same time and in the same manner as elections for mayor and councilmen, to fill the offices of two of the retiring members of said board of school commissioners. No

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one shall be eligible to the office of school commissioner who is not a resident of said town, and who is not twenty-five years old. Election of commissioners. Sec. 4. Be it further enacted by the authority aforesaid, That said board of school commissioners shall have power and authority to make and adopt such rules and regulations for the government of said school as they may deem necessary for the better interest of said school and to do and perform all other acts usually conferred upon the governing board for like schools. Powers of school commissioners. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with said Act be, and the same are, hereby repealed. Approved August 19, 1911. HOMER, SCHOOL DISTRICT OF, INCORPORATED. No. 255. An Act to incorporate Homer school district in Banks County, Georgia, and to define the boundaries of the same; to establish a board of education therein; to provide for the election of the same, and to confer on said board certain powers to regulate the management and control of the school in said district, and to provide for the erection of a school building in said district, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of

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this act, and the adoption of the same by the legal voters of said district, the management and control of Homer school district shall be vested in five (5) trustees, who are hereby constituted a body corporated under the name and style of the trustees of Homer school district, and by that name and style shall have perpetual succession, shall have a seal, shall have power to purchase, hold and receive, possess and retain to them, their successors in office for school purposes any property, real or personal, and shall by said name be capable of suing and being sued in any court of law in this State. Homer school district incorporated. Corporate powers of trustees. Sec. 2. Be it further enacted by the authority aforesaid, That the lines adopted by the board of education of Banks County in laying out Homer public school district shall be the lines around said district for all purposes in carrying this Act into effect. The present chairman of the board of trustees now serving in said district shall after the passage of this act order an election to be held at the courthouse in the town of Homer in said district, at which election the adoption or rejection of the provisions of this Act shall be submitted to the qualified voters of said district for adoption or rejection. The registration list last prepared by the registrars of Banks County before the last general election shall be the highest evidence of who are qualified voters of said district. In no event shall anyone vote who has not resided in said district three months next preceding said election. Corporate limits. Election to ratify this Act. Sec. 3. Be it further enacted by the authority aforesaid, That the election to be held hereunder shall be held by persons now authorized by law to hold elections unders the law of this State after advertising the same thirty days in the Banks County Journal, the official organ of Banks

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county. The returns of said election shall be made to the ordinary of Banks County, who shall declare the result of said election and pass on all questions arising out of said election. Election managers. Sec. 4. Be it further enacted by the authority aforesaid, That at the election for the adoption of the provisions of this Act the question of issuing bonds for the purpose of erecting a modern school building in said district not to exceed $12,000 in the aggregate for the purpose of purchasing a lot in the town of Homer, Georgia; and erecting a suitable building thereon and the equipment of the same for school purposes. The chairman of the present board of trustees shall call an election for the adoption of this Act, at which election the question of issuance of bonds for the purpose of erection of a school building in said district, as proposed by said Act. The notice for said election shall specify for what amount said bonds shall be issued, for what purpose, what rate of interest they shall bear, and interest to be paid annually, and when said bonds are to be paid in full said election shall be held under the same rules and regulations as elections for members of the General Assembly, and the returns of said election shall be made to the ordinary of Banks County, who shall declare the result; those voting for bonds for the purchase of a lot and the erection of a building thereon shall have written or printed on their ballots the words for bonds for school building, and those opposed shall have written or printed on their ballots against bonds for school building. If it shall appear from the returns after said election that two-thirds of those voting in said election have cast their ballots for bonds for school building, then the ordinary of said County shall declare the provisions of this Act adopted and the trustees elected shall proceed to organize by electing one of their

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body president, also a secretary and treasurer, who shall be a member of said board of trustees elected by the voters at election herein referred to, said trustees shall as soon as practicable thereafter proceed to purchase a lot and to erect thereon a suitable school building and to properly equip the same, making such contract as would seem best for said district. If, on the other, it shall appear from the returns of said election that the result of the election has been against bonds for school building, then the trustees of said district may in their discretion, by giving notice as hereinbefore provided for, submit the said question of issuing bonds to the voters of said district, provided said second election is held inside of twelve months from the last election held for the purpose herein provided for. Bonds for school building. Sec. 5. Be it further enacted by the authority aforesaid, That in the event said election shall result favorable for bonds for erecting and equipping a school building, then, and in that event said board of trustees herein provided for, for said school district shall, in the time now required by law, proceed to have said bonds properly and legally validated. Bonds, how issued. Sec. 6. Be it further enacted by the authority aforesaid, That immediately after the validation of said bonds the board of trustees of said school district shall prepare, issue and sell the bonds of said school district according to the specifications of said notice calling the election for bonds and also for the amount therein designated, the same not to exceed $12,000 in the aggregate or so much thereof as may be necessary for the purchase of a lot, the erection of a suitable school building and the proper equipments thereof, and all of the Acts hereinbefore enumerated in this Act shall be done in accordance with paragraph 440 and 443, inclusive

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of Volume 1 of the Code of 1910, said bonds shall run not longer than thirty years and may be issued in such denominations as the board of trustees may see proper, and bear whatever rate of interest said board of trustees may see fit to name, not to exceed 80 per cent. per annum, which interest may be payable annually or semi-annually, as said trustees may designate. Sale of bonds, etc. Sec. 7. Be it further enacted by the authority afore- That at the time of issuing any of said bonds and annually thereafter, said board of trustees of said district shall provide for assessments, levy and collection of an annual school bond tax in addition to all other taxes now authorized by law and of sufficient amount to promptly pay the principal and interest on all bonds to become due during said year, and to create such sinking funds as said trustees may deem proper for the purpose of paying off and retiring such bonds as may fall due from time to time. School bond tax. Sec. 8. Be it further enacted by the authority aforesaid, That the board of trustees shall keep record of their proceedings, which record shall be signed by the president and the secretary of said board, and all books and records kept by said board shall at all times be open to the inspection of the public. Books and records of trustees. Sec. 9. Be it further enacted by the authority aforesaid, That said board of trustees shall determine the number of teachers to be employed in said school and to have charge of the election of all teachers in the schools of said district of the terms of said school, the salaries to be paid teachers, and duties to be performed by said teachers. Said schools and teachers shall be under their exclusive supervision and control, and under such rules and regulations as said trustees

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tees may adopt. Said trustees shall have power to make such rules and regulations (not contrary to the laws of this State) as they may see fit and proper, for the government of themselves, their respective officers, teachers and pupils in said public school district. Powers of trustees. Sec. 10. Be it further enacted by the authority aforesaid, That immediately after this Act goes into effect and after the election has resulted favorably for school bonds for the purchase of a lot, the erection of a school building thereon and the proper equipment thereof, the board of education of Banks County shall not, after the completion of said school building in said Homer school district, contract with any person or persons to teach a school of any character in said district except such person or persons are chosen by the trustees of said school district, nor shall said board of education of Banks county establish any public school within said incorporated school district, or have any voice or authority in the management of the school as established as hereinbefore provided for in said district, but said school shall be left exclusively for said board of trustees to control. County schools. Sec. 11. Be it further enacted by the authority aforesaid, That the pro rata share of the public school fund belonging to Homer public school district shall be paid over by the County School Commissioner of Banks County to the treasurer of the board of trustees of said school district to be used by said trustees for school purposes. Pro rata share of State school fund. Sec. 12. Be it further enacted by the authority aforesaid, That no member of the board of trustees shall receive compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the board of

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trustees. The secretary and treasurer shall be required to make bond in such amount as the board may deem necessary, payable to the board of trustees of said district. Salaries. Sec. 13. Be it further enacted by the authority aforesaid, That all white children who are entitled to the benefits for the public school fund under the laws of this State, whose parents are bona fide residents within the limtis of Homer public school district, shall be admitted to the aforesaid school upon the payment of such entrance matriculation fees as said board may see fit to impose, and said board may, in its discretion, fix and impose such charges for tuition and entrance fees upon all children attending said school as in its wisdom may seem fit and proper, and said board of trustees may also fix and impose a larger and additional matriculation or entrance fee and larger rate of tuition on those children attending said school whose parents reside outside of said school district. Said board shall have the right to fix the amount of tuition to be paid by any and all children attending said school who are not entitled to the public school fund from the State. Said board of trustees shall have the right to refuse to admit and have the right to expel any child or children from said school if at any time it would in their judgment be detrimental to the moral and general welfare of the other pupils therein to allow them to enter or permit the mto remain in said school. Pupils. Sec. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1911.

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HULL, CHARTER AMENDED. No. 155. An Act to amend an Act entitled An Act to incorporate the town of Hull, partly in Clarke county and partly in the county of Madison, approved August 24, 1905, and also Act amendatory thereof, entitled An Act to amend an Act so as to reduce the corporate limits of said town from one-half to one-fourth miles; to prohibit the sale of liquor therein; to change the center, limit the salaries of mayor and council; to reduce the tax value; to limit the marshal's salary, and to fix a basis of property values for taxation, and for other purposes, approved August 9, 1906; and also an Act entitled An Act to amend said Act as amended, so as to increase the corporate limits of said town by certain lines specified therein, approved August 22, 1907, so as to increase the salary of the marshal of said town, and regulate the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to incorporate the town of Hull, in the counties of Clarke and Madison, approved August 24, 1905, and an Act entitled An Act amending said Act incorporating the town of Hull, approved August 9, 1906, also an Act entitled An Act amending said Act incorporating the town of Hull, as amended, approved August 22, 1807, be, and the same is, hereby amended in the following particulars: By striking all of Section 3 incorrectly in the printed bill number 2, of said amended Act, approved August 9, 1906, after the seventh line of said Section and inserting in lieu thereof the following, after the words

Page 1299

that the salary of the marshal, to-wit: shall be fixed by the mayor and council, in their discretion, at a sum not to exceed $50.00 per month, besides his fees for arrest, taking bonds, serving subp[UNK]nas, tax fi. fas. , feeding prisoners, and other legal costs and fees, so that said Section, when so amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, said Act be further amended by adding the following to Section 35: `That the said mayor and council shall have no authority to issue any license for the sale of liquor or other intoxicants within the limits of said town of Hull, and the sale of liquor and all other intoxicants within the limits of said town is hereby forever prohibited. That the salary of the marshal, to-wit, shall be fixed by the mayor and council in their discretion at a sum not to exceed $50.00 per month, besides his fees for arrest, taking bonds, serving subp[UNK]nas, tax fi. fas. , feeding prisoners, and other legal costs and fees. Hull, town of: Sale of intoxicants. Salary of marshal. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August, 1911. INMAN, TOWN OF, INCORPORATED. No. 291. An Act to incorporate the town of Inman in the County of Fayette, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

Page 1300

of the same, That from and after the passage of this Act the town of Inman, in the County of Fayette, be, and the same is, hereby incorporated. Inman, town of, incorporated, Sec. 2. Be it further enacted, That the corporate limits of said town of Inman are and shall be the same as the boundary lines of the Inman school district, as laid off by the Board of Education of Fayette County. Said lines starting at and from the northwest corner of land lot No. 25, running east on the land line to Flint River, thence south on land line to the southeast corner of land lot No. 236; thence west on land line to the southwest corner of land lot No. 232; thence north to the northwest corner of land lot No. 25, and including all of land lots Nos. 25, 24, 23, 22, 21, 8, 9, 10, 11, 12, 249, 248, 247, 246, 245, 232, 233, 234, 235, 236, and that part of land lots Nos. 20, 244 and 237 lying west of Flint River. Corporate limits. Sec. 3. Be it further enacted, That on each and every first Saturday in September, after the passage of this Act, all the citizens residing in the corporate limits of said town who shall be entitled to vote for members of the General Assembly of Georgia, shall be entitled to vote for mayor and council, which election shall be held annually on said day shall be held in said town in the same manner and under the same rules and regulations as all elections for members of the General Assembly, so far as they are applicable, the polls to be opened and closed at precincts. Election of mayor and council. Sec. 4. Be it further enacted, That the certificate of the managers of the election shall be proof of the election, and that before entering upon the duties of their office the mayor and councilmen shall each make and subscribe an oath to faithfully discharge his duties as officers of said town. Oath of mayor and councilmen.

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Sec. 5. Be it further enacted, That all vacancies in the board of mayor and councilmen occurring between the election by the the citizens of said town shall be filled by the remaining members of the board. The term of the mayor and councilmen, except when elected to fill an unexpired term, shall be for one year or until their successors are elected and qualified. Vacancies. Sec. 6. Be it further enacted, That said board of mayor and councilmen shall have full power and authority to pass all ordinances for the government of said town, not in conflict with the laws of this State or the United States, and enforce the same by execution, fine or imprisonment. Said board may provide for the trial of cases and offenders before the mayor and for appeal from his decision to the full board, or a majority of them. Corporate powers. Sec. 7. Be it further enacted, That said mayor and councilmen shall have power and authority to appoint all officers they may deem necessary for the good of said town; and to carry this Act into effect. To compel all persons in said town liable to road duty to work on the streets, or pay commutation fee in lieu thereof; to open streets where deemed necessary. To levy and collect all ad valorem on property in said town, not to exceed five mills on the dollar, and such special taxes upon drays, livery stables, peddlers, shows and all enterprises as they may deem best for said town. They shall have power to license, regulate or prohibit the sale of spirituous liquors and other intoxicating drinks, such as near beer, in said town. Corporate powers. Sec. 8. Be it further enacted, That the government of said town of Inman shall be vested in a mayor and three councilmen, who may sue and be sued, plead and be impleaded,

Page 1302

and perform any and all other acts necessary for the government of said town, under the name of mayor and council of the town of Inman. Government of town. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. KIRKWOOD, TOWN OF, CHARTER AMENDED. No. 126. An Act to amend an Act to incorporate the town of Kirkwood, in DeKalb County, Georgia, and to create and establish a new charter and municipal government for said town, etc., approved August 15, 1910, so as to strike from Section 36 of said new charter the first proviso, as follows: Provided , that no such franchise or easement or right of way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said town, to be provided for in said franchise ordinance. Also by striking from the eighteenth line of Section 11 of said Section as printed in the Laws of Georgia, 1910, the following words: city clerk, and substituting therefor the word mayor, and further amending said Section 11 and Sections 16 and 17, so as to make the mayor of said town ex-officio recorder instead of the city clerk, as provided therein. Section 1. Be it enacted by the General Assembly of Georgia, That the Act to incorporate the town of Kirkwood,

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in DeKalb County, approved August 15, 1910, be, and the same is, hereby amended in the thirty-sixth Section thereof, by striking therefrom the first proviso therein, to-wit, provided , that no such franchise or easement or right of way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said town, to be provided for in said franchise ordinances, and also by striking the word further, after the word provided, in the second proviso. Kirkwood, town of: Franchises. Sec. 2. Be it further enacted, That Section 11 of said Act be, and the same is, hereby amended by striking from the eighteenth line of said Section as printed in the Laws of Georgia, 1910, the following words: city clerk, and inserting in lieu thereof the word mayor, and by striking from line 11 of said Section the words and recorder, where they follow the words a city clerk. City clerk. Sec. 3. Be it further enacted, That Section 16 of said Act be amended by striking from the first line thereof, as printed in the Laws of Georgia of 1910, the word recorder and substituting in lieu thereof the word mayor, and by striking from the second line the words the mayor of and substituting the word the, and by striking from the fourth, twenty-second, twenty-fifth and twenty-seventh lines of said Section the word recorder. Recorder. Sec. 4. Be it further enacted, That Section 17 of said Act may be amended by striking from the first and eleventh lines of said Section the word recorder; the intention of Section 4 and of this Section being to constitute the mayor of said town ex-officio recorder of said town, and as such he is vested with all the powers and duties heretofore imposed on the city clerk as recorder under said Act of 1910. Mayor exofficio recorder.

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Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby Approved August 17, 1911. LESLIE, TOWN OF, CHARTER AMENDED. No. 245. An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Leslie; to confer additional powers upon the town council of Leslie, including the right to issue bonds, as provided by law; to install, own and operate a sysytem of waterworks; to require that the streets or sidewalks in said city to be paved; to grant franchises, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That the corporate limits of the town of Leslie, in the County of Sumter, shall extend and embrace a radius of three-quarters of a mile in every direction, from the center of said corporation, which center shall be the intersection of Bailey Avenue and Wilson Street, in said town of Leslie. Leslie, town of; corporate limits. Sec. 2. Be it further enacted, That the municipal government of the town of Leslie shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and town council of Leslie, and by that name and style shall have perpetual succession; shall have and use a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for

Page 1305

the use of the town of Leslie, any estate or estates, real or personal, of whatsoever kind or nature, with or without the jurisdictional limits of said town, and dispose of same for corporate purposes; and shall by the said name be capable of suing and being sued in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the corporation of the town of Leslie. Mayor and council. Corporate powers. Sec. 3. Be it further enacted, That an election shall be held in said town of Leslie, annually, on the second Wednesday in December. At which time a mayor and four councilmen and a clerk and treasurer, who shall be one and the same person shall be elected for a term of one year and until their successor shall be elected and qualified. At the first meeting of the mayor and town council of Leslie, or as soon thereafter as practicable, one of said councilmen shall be chosen mayor pro tem. Election of officers. Sec. 4. Be it further enacted, That in case of vacancy in any of the offices mentioned in the prceeding Section by death, resignation, failure to elect, removal from office, removal from city or otherwise, a special election shall be ordered by the mayor and town council of Leslie within thirty days, giving ten days' notice by publication, to fill such vacancy; provided , if such vacancy shall occur within three months of the expiration of the term of office of such officer, said mayor and town council of Leslie may, in their discretion, decline to order such election; provided, further , that in case of a vacancy in the office of clerk and treasurer, the said mayor and town council of Leslie shall appoint some person to discharge the duties of said office until said vacancy is filled as hereinbefore provided; provided further , that all vacancies existing at the time of general election

Page 1306

shall be filled at such general elections, and without ten days' notice. Vacancies. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter shall be superintended and managed by a justice of the peace or some other judicial officer, and two freeholders, or by three freeholders, all of whom shall be citizens of said town, and each of said managers, before entering on his duties, shall take on oath before some justice of the peace or other office duly qualified to administer such oath, that he will faithfully and impartially conduct such election, and prevent all illegal voting to the best of his skill and power; and said manager shall cause to be kept two lists of voters and two tally sheets of such election. Election managers. Sec. 6. Be it further enacted, That the mayor and town council of Leslie shall by ordinance prescribe one or more voting places, or election precincts within said town, and the polls at every such election shall be opened at 9 o'clock a. m. and closed at 4 o'clock p. m. The person or persons receiving the highest number of votes cast at such election for mayor, councilmen, clerk and treasurer, respectively, shall be, by said mayor and town council of Leslie, declared elected. Elections, how held and results declared. Sec. 7. Be it further enacted, That after the votes at any election shall have been counted by the managers, they shall certify two lists of voters and two tally sheets, and shall place one of said tally sheets with the ballots in the ballot-box and shall seal said ballot-box and deposit the same with the town marshal, the other list of voters and tally sheet shall be filed by the managers with the clerk and treasurer, and said town marshal, after the expiration of

Page 1307

sixty days, shall destroy the contents of said ballot-box without examining said ballots, or allowing the same to be done; provided , no notice of contest shall be filed or pending. Certificates by managers. Sec. 8. Be it further enacted, That on the succeeding Wednesday after the election, or as soon after as practicable, the persons elected shall appear at the council chamber and take and subscribe the following oath before any judicial officer of this State, and forthwith enter upon the duties of his office, to-wit: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor (councilman, clerk and treasurer, as the case may be) of the town of Leslie, to the best of my skill and ability, without favor or affection, so help me, God. Official oath. Sec. 9. Be it further enacted, That all persons qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the town, and shall have resided six months within the town prior to the opening of the registration list, and registers as hereinafter provided for, shall be qualified to vote at said election for mayor, town council, clerk and treasurer. Voters. Sec. 10. Be it further enacted, That the clerk and treasurer or such other person as may be designated by the mayor and town council of Leslie, shall open a list for the registration of voters on the first Monday in November in each year, which list shall be kept open from 9 o'clock a. m. until 12 m., and from 2 o'clock until 5 o'clock p. m., each and every day (Sunday excepted) until Saturday preceding the election, when it shall be finally and absolutely closed. Registration of voters.

Page 1308

Sec. 11. Be it further enacted, That it shall be the duty of the clerk and treasurer upon the application in person of any person entitled to register as aforesaid, within the time prescribed for the list to be kept open, to register the name of such person expressing in such registry his name, age, occupation or business and the place of his residence, which shall be entered by said clerk and treasurer opposite the name of each applicant; and the clerk and treasurer may in any case administer the following oath to the applicant, touching his right to register, to-wit: You do solemnly swear that you are a citizen of the United States of America, that you have resided in Georgia one year immediately preceding this election, and six months within the corporate limits of the town of Leslie immediately preceding the opening of this registry list, and it is your intention to remain a resident of said town continually until the day of election; that you are twenty-one years of age, or will be by the day of election; that you have paid all taxes due the town of Leslie; that you have made all returns required by the ordinances of the town; that you are qualified to vote for the members of the Legislature, so help you God. Registration, how made. Sec. 12. Be it further enacted, That it shall be the duty of the clerk and treasurer, or other officer, to arrange a list of the names registered in alphabetical order between closing the lists and the day of election, and prepare and post an alphabetical printed list at some public place, of the names registered, for one day at least, preceding each election. List of voters. Sec. 13. Be it further enacted, That it shall be the duty of the clerk and treasurer to furnish to the managers presiding at any such election, a complete list of all the names arranged in alphabetical order, which shall have been registered

Page 1309

according to the foregoing instructions, certified under the hand of said clerk and treasurer and corporate seal of the town, which list shall be kept before the presiding managers during such election, and when such election is over it shall be deposited in the office of said clerk and treasurer to be by him safely kept. Any person voting or attempting to vote at such election or registering prior to said election not qualified to register, shall be guilty of a misdemeanor, and on conviction before the superior or city court of Sumter County, shall be punished by fine or imprisonment or both, as prescribed in Code of Georgia, 1910. Illegal registration or voting. Sec. 14. Be it further enacted, That no person shall be eligible to the office of mayor of the town of Leslie unless he be of the age of twenty-five years; a citizen of the United States of America, and shall have resided in said town one year immediately preceding his election, and no person shall be eligible to the office of town councilman unless he shall have attained the age of twenty-one years, and shall have resided in the town one year immediately preceding his election, and shall have the other qualifications in the case of the mayor, and shall have paid all taxes due and demanded by said town; provided, further , that the mayor, clerk and treasurer and councilmen shall be paid such salary as may be fixed by annual ordinance of said mayor and town council of Leslie. Qualifications of mayor and councilmen. Sec. 15. Be it further enacted, That the mayor shall be the chief executive of the town of Leslie; he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town shall faithfully perform their duties required of them. He shall have a general jurisdiction of the affairs of the town; he shall preside at all meetings of the mayor and town council

Page 1310

of Leslie; he shall have the right to vote in the election for officers, except as hereinafter provided, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Powers of mayor. Sec. 16. Be it further enacted, That there shall be a mayor's court for the trial of all offenders against the law and ordinances of the town, to be held by the mayor, and in his absence or disqualification by the mayor pro tem. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days or fine not exceeding $10, one or both. The mayor, or in his absence or disqualification the mayor pro tem, shall as often as may be necessary hold a police court to be known as a mayor's court for the trial of all offenders against the laws and ordinances of the town of Leslie. Said mayor's court shall have full power and authority upon conviction, to sentence such offender to labor upon the streets or other public works for a period not to exceed sixty days; to imprisonment in the guard house for a period not exceeding thirty days, or to impose a fine not to exceed $50.00; either or all of said penalties may be imposed in the discretion of the court. Mayor's court. Sec. 17. Be it further enacted, That the mayor and each of councilmen shall be bound to keep the peace, and shall be ex-officio justices of the peace, so as to enable them to issue warrants for the violations of the criminal law of the State, committed within the town of Leslie, and shall have full power on examination to commit the offenders to jail, or to bail them if the offense be bailable, to appear before the court having jurisdiction. Commitments.

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Sec. 18. Be it further enacted, That the clerk and treasurer of said town shall discharge all the duties imposed by this charter and the laws and ordinances of the town, and as may be required of him by the mayor and town council of Leslie, and shall give bond with good security, as may be fixed by the said mayor and town council of Leslie, conditional for the faithful performance of his duties as clerk and treasurer of said town. Clerk and treasurer. Sec. 19. Be it further enacted, That the mayor and town council of Leslie shall have full power to appoint or elect such officers as may be deemed necessary or proper, except as hereinafter provided; and shall have power to regulate the time, mode and manner of electing or appointing such officers and agents; to fix their fees and salaries, to take their bonds, to prescribe their duties and their oaths, and may at discretion suspend, remove or discharge them at any time, with or without cause. Municipal officers. Sec. 20. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the town government, the mayor and town council of Leslie shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on real and personal property within the incorporate limits of said town, to defray the ordinary annual expense of the town government, a tax not to exceed onehalf of one per centum; and to pay any other extraordinary expenses of the town government, such tax not to exceed one per cent., as may be necessary in the discretion of the mayor and town council of Leslie. Ad valorem tax. Sec. 21. Be it further enacted, That the manufacture and sale of spirituous liquors or intoxicating drinks shall

Page 1312

be, and is hereby prohibited in the corporate limits of the said town of Leslie. Manufacture and sale of intoxicants. Sec. 22. Be it further enacted, That the mayor and town council of Leslie shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue masters, itinerant traders or lightning rod dealers, theatrical performances, shows, circuses and exhibitions of all kinds, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard table, pool, or bagatelle table, kept for public use, every keeper of a shooting gallery, ten-pin alley, upon the keeper of any other table, stand, or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance, upon the keeper of flying horses, bicycle, velocipede or skating rinks, insurance agents, life and fire insurance companies, brokers, and dealers in futures, loan agents and agents for any other business or calling whatever; keeper of slaughter houses, beef markets, green grocers, dealers in fish, oysters, vegetables, fruits, breads and other articles of foods, upon every junk shop, pawn broker and upon all other establishments, businesses, callings, or avocations not heretofore mentioned, and which under the laws and Constitution of the State of Georgia are subject to license. License tax. Sec. 23. Be it further enacted, That the mayor and town council of Leslie shall have power to levy and collect as street tax, in addition to other taxes, a tax not exceeding three dollars upon each and every male person between the

Page 1313

ages of eighteen and fifty years, except licensed ministers of the Gospel who are in the regular discharge of ministerial duties and in charge of one or more churches, and except all persons who have lost one leg or arm, or both eyes; provided , that any person so taxed shall have the opportunity to work the streets of said town and may relieve themselves of said tax by working on the streets for six days, under the control and direction of the town marshal or other officer of said town; that upon the non-payment of said street tax, or failure to work on the streets as provided in this Section, the person so offending, after five days notice may be sentenced to work on the streets of said town for a number of days sufficient to pay all taxes assessed against him, at fifty cents a day, if the town provides rations, and one dollar per day if the party provides his own rations; upon conviction before the mayor's court. Street tax. Sec. 24. Be it further enacted, That the mayor and town council of Leslie shall have the power and authority to appoint three freeholders, residents of said town, as a board of assessors of tax returns, whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every tax-payer of said town, and if in their judgment they shall find the property embraced in said return, or any portion of it returned below its value, they shall assess its true value; provided , that the said assessors shall give the tax-payers written notice of their assessment; and in every case it shall be the privilege of the tax-payers to arbitrate with the assessors the value thereof, said arbitrators to be disinterested tax-payers residing in said town, one of whom shall be elected by the tax-payers, and the other by the board of assessors, and these two if they disagree, shall select a third person, a majority of whom shall fix the value of the returns, whose decision shall be final. Tax assessors.

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Sec. 25. Be it further enacted, That the mayor and town council of Leslie shall have full and complete control of the streets, alleys, sidewalks and squares of said town, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys and squares in said town of Leslie, whenever the said mayor and town council of Leslie shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damages, the said mayor and town council of Leslie shall choose one appraiser, and the owner of the land to be taken or damaged shall choose another appraiser and the two thus chosen, if they fail to agree, shall elect a third appraiser, and the three appraisers thus chosen, after being sworn to do justice to the parties, shall fix the damages to the owner of the property caused by the opening or changing of such street, alley or square; and if the property owner, after five days' notice, shall fail to name an appraiser, the clerk and treasurer shall appoint one for him; and in every case where the two appraisers chosen shall for the space of five days fail to agree upon the third appraiser, the said clerk and treasurer shall appoint such appraisers; provided the said appraisers, whether chosen by parties or appointed by the clerk and treasurer, shall be citizens of said town. The award of the appraisers shall be in writing and shall be filed within five days in the clerk's office of the Superior Court of Sumter county, and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from the filing of the award, enter an appeal to the Superior Sourt of Sumter county. All costs, including the fees of the appraisers, shall be paid by the town; and at any stage of the proceedings to condemn before or after the final award, the mayor and town council of Leslie may by paying the property

Page 1315

owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk or square. Control of streets, etc. Sec. 26. Be it further enacted, That the mayor and town council of Leslie shall have full power and authority to establish and fix such a system of grading and draining of the streets of said town as may be deemed proper; and shall have power to compel owners or lessees of property to construct and keep in good order the sidewalks in their front. If any owner or lessee shall fail to comply with the requirements of the mayor and town council of Leslie in this regard, the work shall be done under the direction of the town, and execution shall issue for the cost and expense thereof against such owner or lessee, to be collected as other executions issued by the clerk and treasurer. Street improvements. Sec. 27. Be it further enacted, That the mayor and town council of Leslie shall have full power and authority to establish and maintain a system of water works and sanitary sewerage for said town; and to compel lot owners to connect with said sewers; and may purchase or condemn any property within or without the town that may be necessary for either of said public works, in case it shall become necessary to condemn any property under this Section, or for any other public works, the proceedings shall be the same as in Section 25 of this charter. Water and sewerage. Sec. 28. Be it further enacted, That the said mayor and town council of Leslie shall have the power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; to provide a fire department and a system of fire alarm, within which fire limits as established, it shall not be lawful for any one to build or cause to be built, other than fire-proof building except by special

Page 1316

permission of the mayor and town council of Leslie, which must be unanimous; and in case of an offense against ordinances passed in pursuance of this Act the said mayor and town council of Leslie after five days' notice given, shall cause the said not fire-proof building to be removed at the expense of the owners or builders thereof, to be collected by execution as other executions issued by the town; and the said mayor and town council of Leslie shall have the right to determine what are or are not fire-proof buildings. Fire limits. The mayor and town council of Leslie shall have power to remove any forge or smith shops when in its opinion it shall be necessary to insure safety against fire. They shall have power to cause any stove, stove pipes, or other thing which shall endanger the town as to fire, to be removed or remedied at the expense of the owner, as its prudence shall dictate. Sec. 29. Be it further enacted, That the mayor and town council of Leslie shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, water rents, license fees and taxes, and assessments of every kind for fines and forfeitures, for paving streets and sidewalks, lanes and alleys, for laying sewers and drains, for cleaning and repairing privies and for any other debt or demand due the city. Such execution to be issued by the clerk and treasurer against the person, corporation or firm by whom any such debt may be due, which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold as provided by Code, 1910, Section for municipal sales for taxes. Taxes, etc., collection of. Sec. 30. Be it further enacted, That when any fi. fa. shall issue as provided in the preceding Section and shall

Page 1317

be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto as now provided by law, for claims under tax fi. fas. for State and county taxes such claim to be returned to and heard in Sumter county Superior Court if realty, and the City Court of Americus if the property claimed be personalty. Claims. Sec. 31. Be it further enacted, That should the mayor and any town councilman, while in office, be guilty of any wilful neglect, malpractice or abuse of power, he shall be indicted before the Superior Court of Sumter county, and on conviction shall be fined in a sum not exceeding five hundred dollars, and shall moreover be removed from office. Mayor and councilmen. liable to prosecution. Sec. 32. Be it further enacted, That it shall be the duty of the marshal of said town to prosecute all offenders against the laws of this State for crimes committed within the limits of the town of Leslie. It shall moreover be his duty to arrest or cause to be arrested all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guard house or other place of confinement, to await trial. It shall further be his duty to execute all processes and orders of the town and to discharge any other duties imposed on him by the laws, ordinances, rules and regulations of said town. Duties of marshal. Sec. 33. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the town, and after advertising for thirty days, he shall sell the property levied on before the court house door in Americus on a regular Sheriff's sale day, and between the legal hours of Sheriff's sales. If the property is divisible he shall offer it in parcels, and shall sell at public outcry to the highest

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bidder, and execute titles to the purchaser and shall have the same power to place the purchaser in possession as Sheriffs of this State have; provided, however , if the property so levied upon and sold be personalty, it shall be sold before the council chamber in town of Leslie. Marshal's sales. Sec. 34. Be it further enacted, That the clerk and treasurer shall be the custodian of the funds of the town, and shall be the keeper of the records thereof; shall be the clerk of the mayor's court, shall issue all processes, and shall discharge all duties that may be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and town council of Leslie. For any wilful neglect of duty or any abuse of the powers conferred on him not amounting to a felony, the clerk and treasurer shall be subject to be indicted before the Superior Court of Sumter county, and on conviction shall be fined in any sum not exceeding five hundred dollars, and may also be removed from office in the discretion of the Court. Pending any criminal charge against him, the clerk and treasurer may in the discretion of the mayor and town council of Leslie be suspended from office; and in case of his suspension, the mayor and town council of Leslie shall have power to appoint some person to discharge the duties of his office. Duties of clerk. Sec. 35. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of the mayor's court to the mayor and town council of Leslie, and shall have the right to give bond and security in such sums as may be fixed by the mayor for his appearance before the mayor and town council of Leslie. The mayor and town council of Leslie shall try all appeals de navo , and may in its discretion affirm the judgment of the mayor, reduce or increase the punishment, or discharge the defendant. Appeals from mayor's court.

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Sec. 36. Be it further enacted, That any person who may be convicted before the mayor, and town council of Leslie, may be giving notice of his intention to certiorari , suspend the judgment and may be released from custody at once, upon giving bond with security in such sum as may be fixed by the mayor for his appearance; provided , all certioraries from said court shall be sued out within twenty days from the date of the judgment; and provided no such certiorari shall issue until all costs shall have been paid, or an affidavit be made by the defendant showing his inability to pay costs. Certiorari from judgment of mayor and council. Sec. 37. Be it further enacted, That the said mayor and town council of Leslie shall, before the month of April in each year, appoint five fit and proper persons who shall constitute the board of health of said town. It shall be the duty of said board of health, three of whom shall constitute a quorum, to meet weekly, or as often as may be necessary; to visit every part of the town and to report to the mayor and town council of Leslie all nuisances which are likely to endanger the health of the town. And the said mayor and town council of Leslie shall have power upon the report of said board of health, to cause any such nuisance to be abated; to establish such quarantine regulations against persons who have been exposed to small-pox or yellow fever, as it may deem proper, and their recommendations to be carried out in a summary manner, at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or both, as the mayor and town council of Leslie may elect. And for the amount so expended the clerk and treasurer shall forthwith issue an execution against the owner of the property on which the nuisance is located; or against the party whose act or negligence caused such nuisance or against both, as said mayor

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and town council may elect, and such execution may be collected by levy and sale as other executions issued by the clerk and treasurer. All vacancies that may occur in said board of health may be filled by the said mayor and town council of Leslie, as soon thereafter as practicable. Board of health. Sec. 38. Be it further enacted, That the mayor and town council of Leslie shall have power, either to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair, roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public or of any of the citizens thereof; and to improve and light the same and have them kept free from obstruction on or above them; to regulate the width of sidewalks, on the streets, and to order the sidewalks, footwalks, crossways, drains and gutters to be curbed and paved and put in good order free and clean by the owner and occupant thereof, or of the real property next adjacent thereto; to establish and regulate market, to prescribe the time for holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which in the opinion of the majority of the whole council of said town shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said town places for the burial of the dead, and to regulate interments therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said town, and to preserve peace and good order therein; and for other purposes to appoint when necessary

Page 1321

a police force to assist the marshal in the discharge of his duty; and to prescribe the powers and define the duties of the officers appointed by the mayor and town council of Leslie, to fix their term of service and compensation; require and take from them bonds when deemed necessary, payable to the mayor and town council of Leslie with such securities and in such penalty as said mayor and town council of Leslie may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gas works, water works or electric light works in said town; to prevent injury to or pollution of the same, or to the water, or healthfulness of said town; to regulate and provide for the weighing of coal, hay and other articles sold or for sale on said town; and to provide a revenue for said town and appropriate the same to its expenses; to organize a chaingang or work gang to work upon the streets of said town, and to this end may pass all necessary rules, regulations and ordinances, and to adopt rules and regulations for the government of its own body. Administrative powers of council. Sec. 39. Be it further enacted, That the mayor and town council of Leslie shall have full power and authority to grade, curb, pave and repair the streets and sidewalks of said town, and to assess against the property next to and adjacent to such streets or sidewalks as may be curbed, repaired or paved and the owners and lessees thereof, the entire costs of such curbing or repairs, and ([UNK]) one-third of the costs of so much of such pavement as lies next to and adjacent to such property, situated on such street or sidewalk, according to frontage. Street improvements. Sec. 40. Be it further enacted, That said mayor and town council of Leslie are hereby empowered to enforce the payment of the assessments provided for in the foregoing

Page 1322

Section, against the property next to or adjacent to such streets or sidewalks, and against the owners and lessees thereof, as provided for in Section 33 of this Code; provided, however , that to an execution issued under the provisions of this Section the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution issued is due, and the reasons why the same is not due by the defendant, and stating what amount is admitted to be due, which amount, so admitted shall be paid before said affidavit shall be received, and said affidavits shall be received for the balance, and such affidavit, so received, together with such execution, shall be returned to the Superior Court of Sumter county and there tried, and the issue determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Assessments for street improvements, how collected. Sec. 41. Be it further enacted, That the mayor and town council of Leslie shall have power and authority to establish police rules and regulations; to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said town. General welfare. Sec. 42. Be it further enacted, That said mayor and town council of Leslie shall have full and complete power and authority to grant franchises; to issue bonds, and incur bonded indebtedness, by complying with the general law in such cases made and provided. Franchises, bonds, etc. Sec. 43. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1911.

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LILLY, CITY OF, NEW CHARTER. No. 303. An Act to amend, consolidate and supersede the Act incorporating the city of Lilly, in the county of Dooly, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of the same; to establish a system of public schools in and for said city; to create a board of education for said city; to authorize the County School Commissioner to pay or turn over to said board such part of the county school fund as may be the just pro rata share of said city; to provide for the election of said board of education and the government of said school; to define the powers and duties of said board of education in relation to said school, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the city of Lilly, located in the county of Dooly, State of Georgia, having been originally incorporated as the town of Lilly, and be and are hereby incorporated under the name and style of the City of Lilly, and the said city of Lilly is hereby chartered and made a city under the corporate name of the City of Lilly, and by that name shall have perpetual succession and are hereby invested with all the rights and power and privileges incident to municipal corporations in this State or cities thereof and all rights, powers, titles, property easements and hereditaments now belonging to said town of Lilly, and the mayor and aldermen of the town of Lilly shall be and are hereby

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invested in the said city of Lilly as created by this Act, may, by this Act, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council, who shall compose the city council, such ordinances, regulations, rules and resolution for the transaction of its business and the welfare and proper government of said city as to said council may seem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said city of Lilly shall be able by law to purchase, hold, rent, lease, receipt, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years any estate or estates, real or personal, lands tenements and hereditaments, and of whatsoever kind, and within or without the limits of said city, for corporate purposes. Said city of Lilly created by this Act is hereby made responsible as a body corporate for the legal debts, liabilities, and undertakings of said city of Lilly as heretofore incorporated. Lilly, city of; incorporated. Charter rights and powers. Sec. 2. Be it further enacted, That the corporate limits of said city shall extend one mile in every direction from the present site of the A. B. A. freight and passenger depot of the city of Lilly, Dooly county, Georgia. Corporate limits. Sec. 3. Be it further enacted, That the government of said city shall be vested in the city council composed of a mayor and five councilmen. The present mayor and councilmen of said city shall continue in office as mayor and councilmen of said city of Lilly, as created by this Act until their present term expires or their successors are elected and qualified and all other officers of the said city of Lilly shall continue in office until their present term expires or their successors are elected and qualified. In

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the event that the office of mayor, or any one or more of the city council shall become vacant by death, resignation, removal or otherwise, the mayor, or in case his seat is vacant, the majority of the city council shall order an election for the purpose of filling such vacancy or vacancies by posting in three or more conspicuous places in said city giving ten days notice of said election, and said election shall be held, returns made and result declared in the same manner as in regular elections for mayor and council as hereinafter prescribed; provided , that in case such vacancies occur within ninety days preceding the regular elections in said city, then in that event the said vacancy or vacancies may be filled by the council of the said city of Lilly; and persons so elected shall be duly qualified to fill such vacancies. Government yested in mayor and councilmen. Sec. 4. Be it further enacted, That should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months the office may be in the discretion of the remaining members of the council declared vacant and the vacancy filled as above provided. Vacancies. Sec. 5. Be it further enacted, That all the elections held under the provisions of this charter and all the elections in which any subject or question submitted to the qualified voters of said city of Lilly shall be managed by a Justice of the Peace or some other judicial officer and two free-holders, who are citizens of said city and own real estate therein, or by three freeholders all of whom shall be citizens of said city and own real estate therein; and each of said managers before entering upon his duties shall take and subscribe before some Justice of the Peace or some other officer qualified to administer oath, or before each other the

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following oath: That each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voters from voting to the best of our skill and power, so help us God. Said managers shall keep or cause to be kept, capies of two lists of voters and two tally sheets. All elections shall be held at the council chamber of said city and the voting shall be by ballot. The polls shall be opened at nine o'clock a. m. and closed at three o'clock p. m., standard time. Persons receiving the highest number of votes for the respective offices shall be elected. The manager of all elections held under the provisions of this charter shall be appointed by the mayor and council. The mayor and council shall determine and provide the pay of the managers, and of any clerks that may be necessary for the holding of the election. Election managers. Sec. 6. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box together with the ballots and seal the same and shall forthwith deliver to the Ordinary of Dooly county, Georgia. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city council, who shall safely keep the same and at the first meeting of the mayor and council occurring after the expiration of three days of said election, deliver said package to the mayor and council who shall open the same and declare the result, if no notice or contest has been given. If notice of contest has been given then all proceedings shall be postponed until the contest has been determined; provided , that the contest shall be determined within fifteen days after the election has been held. If the results of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Dooly county within three days of said election and

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upon the payment of ten dollars in advance by the contestant or contestants to said Ordinary; the said Ordinary shall within two days after he receives same cause a copy of said notice to be served by the Sheriff or his Deputy on the contestee if said contest is for an office; and if the results of any election in which any question is submitted is contested then the said Ordinary shall cause notice to be served on the mayor of said city and notice posted at the council chamber of said city. Said Ordinary shall fix a time of hearing said contest which shall not be later than ten days after service has been effected; of which both parties shall have five days notice before the hearing. The contestor shall pay the Sheriff or his Deputy two dollars for his service and notice of contest. The contest shall be held at the court house in Dooly county, Georgia. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all the cost, for which said Ordinary is authorized to issue the usual execution. List of voters. Contested elections. Sec. 7. Be it further enacted, That within thirty days after the regular biennial municipal election on some date fixed by the council the officers declared elected by the council then in office as provided in Section six after being notified of their election, appear at council chamber and before the mayor of said council or a Justice of the Peace take and subscribe the following oath: I swear that I will faithfully demean myself as mayor or councilman, as the case may be, during my continuance in office, and all things pertaining to my office. I will be governed by my judgment of what is for the public good and the best interest for the city of Lilly, so help me God. They shall then forthwith enter upon the duties of their office. Oath of mayor and councilmen. Sec. 8. Be it further enacted, That the mayor and council at their first regular meeting, after their election,

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and annually thereafter, shall elect one of the council mayor pro tem. who shall in case of absence or disqualification of the mayor, or for the vacancy of that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Sec. 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said city thirty days and in the State of Georgia six months prior to the election at which they offer to vote; and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter. Voters. Sec. 10. Be it further enacted, That no person shall be eligible to office as mayor or councilman of said city unless he shall have resided in said city six months immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city; and not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Qualifications of mayor and councilmen. Sec. 11. Be it further enacted, That said mayor and council of said city shall have power to provide for registration of voters prior to any and all elections in said city. To make all needful laws and regulations for same, and require that no person be permitted to vote in said election unless registered; provided , that the books of registration be open at least forty days immediately preceding any city election which may be held in said city, and to be closed ten days before said election; and provided , when any voter

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registered for the regular biennial election for mayor and councilmen, no further registration shall be required of said voter at any intermediate election for officers held during the year immediately succeeding the date when he so registered; but it shall be the duty of the official or officials making out the list of voters for the managers of such intermediate election, to purge the list of names of any who may have become disqualified since the last regular election for mayor and councilmen. The mayor and council shall pass appropriate ordinance for effectuating this Section. Registration of voters. Sec. 12. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be held after thirty days after said officers are elected, they shall elect a city clerk or treasurer which officers may be consolidated, marshal who may be chief of police, and as many policemen as in the judgment of said mayor and councilmen shall be necessary; city attorney and such other officers as the mayor and councilmen shall deem necessary in the government of said city. Each of said officers shall take such oaths, to perform such duties, give such bond as the mayor and council by ordinance may prescribe; provided , that all bonds of officers shall be made payable to the city of Lilly. Said mayor and council shall have the power to suspend and remove such officers from office or impose fines on such officers in their discretion; and it shall be their duty to fix the salaries or compensation of said mayor and council and all other officers, agents and employees of said city which when once fixed shall not be increased during the term of office of said council or officers. All expenditures of the mayor and council of the amount of one hundred dollars or more, shall be paid out of the city funds by order drawn by

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the city clerk, countersigned by the mayor, or in his absence by the mayor pro tem . City officers. Sec. 13. Be it further enacted, That the mayor or mayor pro tem . and three of the council shall constitute a quorum for the transaction of any business before the council, and the majority of the votes cast determine the question before the council; provided , that every question that so determined or ordinance passed shall receive not less than three votes. On all questions before the said council the mayor or the mayor pro tem ., if he be presiding, shall be entitled to vote only in case of a tie. The mayor shall have power to veto and can veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto of at least four councilmen on a yea and nay vote, duly recorded in the minutes of the city clerk; but unless he shall file in writing with the clerk of the council his veto of any measure passed by that body with reasons for his withholding his assent, within four days after its passage, the same shall become a law just as if signed and approved by said mayor. Quorum of council. Mayor's vote and veto. Sec. 14. Be it further enacted, That the mayor of said city shall be the chief executive officer of the city of Lilly, he shall see that laws or ordinances, resolutions and rules of said city are faithfully and fully executed and enforced; and that all the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of mayor and council. He shall have the power to convene the general council in extra session whenever in his judgment it becomes necessary. Powers and duties of mayor. Sec. 15. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem ., or in

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case of the absence or disqualification of both the mayor and mayor pro tem ., any member of the city council may hold and preside over a court in said city of Lilly to be called the police court, for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to use as evidence, and punish for contempt. Said court shall have the power to punish all violations of the charter or any ordinance of the city by fine not to exceed one hundred dollars, imprisonment in the city prison, or in the county jail, (having previously arranged with the county authorities) not to exceed sixty days, and to work on the streets or such other public place as the mayor or acting mayor may direct, not to exceed four months. Any one or more of these punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fine imposed may be collected by execution. Police court. Sec. 16. Be it further enacted, That the mayor or mayor pro tem. , in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine the facts in the case and commit the offender or offenders to jail, or bail him if the offense be bailable by a Justice of the Peace, under the laws of this State, to appear before the Superior Court of Dooly county or the City Court of Vienna, Ga. Commitment. Sec. 17. Be it further enacted, That the marshal of said city shall be empowered to levy all executions in favor of said city, and all executions issued by authority of said mayor and council, or the police court, whether for ad valorem tax, business tax or other claims or demands of said city, shall be directed as hereinafter described, and the said

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marshal shall have the power to levy, to collect all such executions, advertise and sell property levied on thereunder, to make all deeds for sales made under executions. The marshal of said city shall have the authority to place purchasers at marshal's sales in possession as Sheriffs of this State has and deeds to real estate sold by the marshal under execution shall have the same force and effect and shall be admitted in evidence as are Sheriff's deeds in this State. The marshal of said city shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the mayor and council of the city of Lilly. Taxes, etc., how collected. Sec. 18. Be it further enacted, That the mayor and council of Lilly shall have the power to authorize by ordinance the marshal or any policeman of said city to summons all or any bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any law of this State, and provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Sec. 19. Be it further enacted, That it shall be lawful for the marshal or policeman of said city to arrest without warrant any person or persons within the corporate limits of said city, who at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said city, and to hold such person so arrested until a hearing before the proper officers can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by him in the city prison or in the jail of Dooly county for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent that Sheriffs of this State to execute warrants placed in their hands charging any person or persons

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with violating any of the criminal laws of this State The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the city of Lilly; provided , when the arrest is not within forty-eight hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the incorporate limits of said city, except in obedience to a written warrant signed by the mayor, mayor pro tem . or acting mayor. Arrests. Sec. 20. Be it further enacted, That the mayor and council of the city of Lilly shall have the power to organize one or more work gangs and to confine therein persons who have been sentenced by the courts of Lilly to work upon the public works of said city; and shall have the power to make rules and regulations that may be suitable or necessary for the care or control of said gang, and to enforce same through its proper officers. Work gangs. Sec. 21. Be it further enacted, That the mayor or mayor pro tem ., when any person or persons are arraigned before the mayor's court charged with the violation of any of the ordinances, regulations or rules of said city, may for good cause shown by either side continue such hearing until such time as the case may be adjourned to and the accused shall be required to give bond as security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the mayor or mayor pro tem ., and an execution issued thereon by serving the defendant, if any to be found, and his securities with rule nisi at least five days before the hearing of said rule nisi . Appearance bonds.

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Sec. 22. Be it further enacted, That any person convicted before the mayor or other presiding officer of the police court may enter an appeal from the judgment of said court to the city council; provided , the appeal be entered within two days after the judgment complained of is pronounced; and provided, further , the defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case which bond must be approved by the clerk or marshal. The said council shall as early thereafter as practical hear and determine on said case so appealed; that is, de nova . They shall have power if they find the defendant guilty to decrease or increase the fine imposed by the mayor. Any person convicted by the council on the appeal shall have the right of certiorari to the Superior Court of Dooly county; provided , all cost are first paid and bond and security given in double the amount of the fine imposed, if the fine is imposed, to answer the final judgment rendered in the case; and provided, further , nothing in this Section shall prevent the offender who desires to appeal his case to the city council, or to certiorari the same to the Superior Court to file the usual pauper affidavit in lieu of either giving of the bond and security and any of the cost in the above; and provided, further , the applicant failing to give the bond and security may in the discretion of the mayor be placed in the city prison or county jail to await the final judgment on the appeal above mentioned; certiorari shall be governed by the same rules that govern certioraries except as above specified. Appeals from police court. Certiorari from decision of mayor and council. Sec. 23. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the city government, the mayor and council shall have full power and authority to provide by ordinance for assessment of ad valorem tax on all real and personal property within

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the corporate limits of said city that are subject to taxation by said city, not to exceed one per cent. upon the value of said property. Ad valorem tax. Sec. 24. Be it further enacted, That said mayor and council may at any time after the passage of this Act, elect two intelligent, discreet and upright persons, citizens and qualified voters of said city, owners of real estate therein, city tax assessors may at any time be ruled from the office by the mayor and council for good and sufficient cause, to be judged by the mayor and council and all vacancies occurring from any cause may be filled by said mayor and council at any time; and it shall be the duty of the tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the value of personal property thereon in their judgment the value placed thereon by taxpayers is too small. The mayor and council shall have the power to prescribe the rules for the said city tax assessors. Said assessors shall make returns of the assessment made by them to said mayor and council each year sixty days before the time for collecting taxes. When said returns are made said mayor and council shall appoint a time and place for hearing objections to the assessment, said objection to be heard by mayor and council of which public notice shall be given as may be prescribed by ordinances, and the clerk of said city shall give each owner of property whose tax returns of personalty has been increased at least ten days notice of such hearing stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of said city and no agent residing therein the mayor and council shall prescribe an ordinance what notice,

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if any, shall be given. Said mayor and council shall have power to provide by ordinance for assessing all property, both real and personal, not returned for taxation and for double-taxing defaulters. The city assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. Said city tax assessors shall have power to require such tax payers to furnish them with a list of all notes, accounts, mortgages, stocks and bonds and other securities and investments, when in their opinion their production is necessary for a correct assessment. The mayor and council on the hearing of objections, may increase or decrease the assessment as made by the assessors. Tax assessors. Sec. 25. Be it further enacted, The mayor and council may provide by ordinance for notice to party or parties whose property has been or may be assessed for back taxes and the hearing of any complaint all the assessments shall be made by the city tax assessors. Notice of assessments to owners. Sec. 26. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the tax of said city shall fall due and in what length of time said tax may be paid; when tax execution shall be issued against all persons who have not paid their taxes by the time fixed by the ordinance and to fix a penalty for non-payment of taxes when due. Taxes, when payable. Sec. 27. Be it further enacted, That the said mayor and council of said city shall have the right and power to provide and regulate the curbs and gutters that empty into the streets or sidewalks of said city; to regulate or prohibit the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, telegraphs, telephone poles, horse troughs, racks and for posting hand bills and advertising;

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to regulate or prohibit the carrying of banners, hand bills and placards on the streets and sidewalks of said city. Also to compel any telegraph or telephone company, having previously erected poles and wires in said city to remove same to any location designated by city council, and in case said telegraph or telephone company shall fail to remove same within ten days after having been duly notified to do so, said city shall have the right and authority to remove same at the expense of said company and collect the same by execution. Regulations concerning use of streets. Sec. 28. Be it further enacted, That the mayor and council of said city of Lilly shall have full power to require the railroads running through said city, or a portion thereof, to make and repair such crossings on their several roads whenever and in such manner said council shall deem necessary; to place or repair such crossings, or to open and keep open any and all streets in said city; and the mayor and council may pass any ordinance needful for carrying out the provisions of this Section, and in case the railroads as aforesaid shall fail or refuse to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so by said city, said notice to be served on their agent at this city; the mayor and council shall have the power to create and make same across such railroads and repair same at the expense of said railroad; and may issue execution therefor, and levy and collect the same as provided in case of tax executions. Railroad crossings. Sec. 29. Be it further enacted, That the mayor and council of said city shall have the right and authority to provide for the inspection of steam boilers to regulate and prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton, petroleum

Page 1338

kerosene oil, dynamite or other combustibles or explosive substance or material within the limits of said city; and to regulate the use of lights in stables and shops or other places, or building bon fires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, roman candles, firing of guns, pistols, anvils, and every kind of gaming or hunting within the corporate limits of said city. Explosives, etc. Sec. 30. Be it further enacted, That executions for any and all taxes or fines, license fees, assessment or forfeiture or demands of any sort due said city, or its corporate authorities, against any person or persons, firm, company or corporation, or against property subject to thereto, shall be issued by the clerk of said city signed by him, bear attest in the name of the mayor and be directed to the marshal of said city, and all and singular the sheriff and deputy sheriff and constables of this State, commanding them that of any property belonging to the defendant and against whom the said execution is issued, or of the certain property described in the execution, they make by levy and sale the amount due on said execution with all cost. The mayor and council shall provide by ordinance for advertising, method of conducting and other regulations governing the sales by the marshal under the said execution. All sheriffs, deputy sheriffs and constables in this State shall have the same power and authority to levy and collect executions issued by the city of Lilly as they have to levy and collect executions from the various courts in this State. Taxes, etc., how collected. Sec. 31. Be it further enacted, That the mayor and council shall have full power and authority requiring a person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or

Page 1339

carry on any trade, business, calling, vocation or profession within corporate limits of said city, by themselves or their agents, to register their names, business, calling, vocation or profession, annually, and to require said person, company or corporation to pay for such registration and for license to prosecute, carry on, engage in business, calling or profession, such amount as the mayor and council may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all persons, firms, or corporations required by ordinance to pay said taxes or to take out said license for same, who engage or attempt to engage in such business, profession or occupation before paying said taxes or taking out said license or who fail to comply in full with all of the requirements of said council made in reference thereto. Registration of business and fee therefore. Sec. 32. Be it further enacted, That said mayor and council shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running same, and charge for said license such sum as they may by ordinance. License tax. Sec. 33. Be it further enacted, That said mayor and council shall have full power and authority to assess a license on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have power to license pawn brokers in said city, define by ordinance their power and privileges, revoke their license, impose taxes and to exercise such superintendence as will insure fair dealings between them and their customers. License tax.

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Sec. 34. Be it further enacted, That the mayor and council shall have full power and authority to license, regulate and control all markets in said city, opera houses, hacks, drays used for hauling, any kind of vehicles used for hire, auctioneers, itinerant lightning rod dealers, immigrant agents, all fire or life insurance companies doing business in said city, trades of all kinds, itinerant dealers in jewelry and medicine, and itinerant dealers in all kinds of merchandise, except such as are exempt by laws of this State. Also all persons running a flying jenny, flying horse, merry-go-around, bicycle or skating rink, and all other dealers selling goods, wares, merchandise by sample, advertisement or retail, and all other business, calling or vocation which under the Constitution and laws of this State are subject to a license. License tax. Sec. 35. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all by-laws and ordinances respecting public buildings, grounds, public houses, carriages, buggies, wagons, bicycles, pumps, wells, fire engines, care of the poor, supervision of disorderly houses, and for the prevention of disorderly conduct liable to disturb the peace or tranquility of any citizen therein, and any other by-laws, regulation or ordinance that they may deem proper for securing the peace, good government, health and morals of said city. Police powers. Sec. 36. Be it further enacted, That the mayor and council shall have power to require from male inhabitants in said city, who by the laws of the State, are subject to be worked on the public roads, to work such length on the streets of said city as mayor and council may direct by ordinance, in no case to exceed fifteen days in one year. Said persons so subject to be worked on the streets shall

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have the right to relieve themselves of said work by tax, which said mayor and council shall fix by ordinance; said tax, however, shall in no event exceed five dollars in one year. Said work to be done and said tax to be paid at such times as the said mayor and council may direct. Any persons subject to work on said streets, who shall fail to work or to pay said tax when notified, shall be punished in the mayor's court as mayor and council may by ordinance prescribe. Street work or tax. Sec. 37. Be it further enacted, That the mayor and council shall have full authority to pass ordinances and regulations preventing idleness, vagrancy and loafing on the streets within the corporate limits of said city, and to prescribe penalty for the violation thereof. Vagrancy. Sec. 38. Be it further enacted, That the mayor and council of said city shall have power and authority to regulate and prevent the running at large within said city of Lilly, animals of all kinds and descriptions. Also to impound such animal or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of any animal or animals so impounded. And when the owner or owners of any animal or animals shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals may be sold at public outcry and the proceeds applied to the said fee and cost of keeping said animal or animals under such rules and regulations prescribed by mayor and council, and shall have full and ample authority to tax all dogs in said city. Stock law. Sec. 39. Be it further enacted, That no person shall be eligible to any office provided by this Act who is not eligible

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as a voter at the general election of mayor and councilmen and officers. Qualifications for office. Sec. 40. Be it further enacted, That said mayor and council shall have full power and authority to establish a system of waterworks, sewerage, electric lights or any of them in said city for the purpose of supplying its inhabitants and the city, as well as consumers generally, with water, lights and sewerage, or any of them; and said mayor and council shall have the right and power to do any and all things necessary for such purpose; to contract for any person or persons for the purchase of land or premises to be used in connection therewith whether within or without the city, and if necessary to condemn the same as hereinafter provided for. Said mayor and council shall have the power and authority to make contracts for the purchase of the plants, machinery, etc., and to make contracts with the inhabitants of said city and with the consumers generally as to the furnishing of water, sewerage or lights, or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city with electric lights, water or sewerage, or any of them, and to make such contract with such persons, firm or corporation for water, sewerage and lights, or any of them, as may to said mayor and council seem proper; provided , that the city shall not be bound by any such contract for a longer period than one year from the making thereof, unless contract shall have first been approved by a majority vote of the qualified voters of said city at an election to be held for that purpose, of which at least four weeks notice shall be given by being posted in two or more public places in said city or published in a newspaper of said city by said mayor and council, which

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notice shall contain a substantial statement as well as the time and place of the election, which election shall be governed by the laws applicable to regulate election of the city officers. The mayor and council of Lilly are hereby authorized and empowered to pass all ordinances, rules and by-laws necessary to carry out and effectuate the powers granted in this Section. Light, water and sewers. Sec. 41. Be it further enacted, That the mayor and council shall have full power and authority to contract for or condemn any land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and a water works system and a sewerage system, or any of them; provided , that the right to condemn herein granted be exercised. All proceedings shall be had under this provision of Section 4657, 4686, inclusive, of Volume 2 of the Code of Georgia of 1895. Power of condemnation. Sec. 42. Be it further enacted, That said mayor and council shall have full power and absolute control of all city pipes, private drains, water closets, and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning all particulars that may seem best for the preservations of health and comfort of the inhabitants of said city. The said mayor and council shall have full power and authority to prescribe the kind of water closets and urinals to be used in the corporate limits of said city, and to have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and council, or whenever they shall become a nuisance. Drainage and sewerage. Sec. 43. Be it further enacted, That mayor and council shall have the power to regulate the distribution and use

Page 1344

of water in all places and for all purposes where the same shall be required, and from time to time fix a price for the use thereof, and for the time for the payment; and may regulate such number of public hydrants and in such places as they may see fit, and for what purpose they shall be used; and all at their discretion. They shall have power and authority to require the payment in advance for the use and rent of water furnished by them in any building, and in case of failure to pay they may shut off the water from the premises and shall not be required to supply the said building until arrears with interest shall be paid. Water rents and rates. Sec. 44. Be it further enacted, That said mayor and council may, by ordinance, declare what shall be a nuisance in said city and provide for the abatement of same. The mayor's court in said city of Lilly shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all annoyances in said city of Lilly. Nuisances. Sec. 45. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations necessary to lay out a fire district in the city of Lilly, and enlarge, change, or modify its limits from time to time; to prescribe when, how and of what material building in said limits may be erected or covered; how thick walls must be, the manner in which the chimneys, stove pipes and flues shall be constructed, to change all things that they may deem necessary to protect said city as far as possible from danger from fire and to prevent conflagration. They also have power and authority to order any changes in the construction or arrangement in chimneys, stove pipes and flues; or the removal thereof when in their judgment the same is dangerous, or likely to

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be so, and make the owner or occupant of the premises pay the expenses of the change, as they may elect, which may be executed by execution as taxes are now collected; if any person, firm or corporation shall erect any building which is not within the laws and ordinances of said city, said mayor and council may order said building removed; and if said person, firm or corporation shall not remove said building after notice to do so, then said mayor and council shall have power and authority to remove same at the expense of the owner; which expense may be collected by execution in the same manner as tax executions. Fire limits. Sec. 46. Be it further enacted, That said mayor and council may exercise general supervision over all buildings of every character within said city, and shall have the right or authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Supervision of buildings. Sec. 47. Be it further enacted, That said mayor and council shall have the power to enact all ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and to punish for violating any of the quarantine regulations of the said city. They shall have power to build or establish a pest-house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pesthouse any person or persons who have the small-pox or other contagious disease, when in their judgment it is best for the welfare and health of the city. They shall have the power to compel all persons to be vaccinated whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense

Page 1346

of the city to vaccinate all persons who are unable to procure said vaccination; and may provide by ordinance punishment for persons failing to be vaccinated. Quarantine, etc. Vaccination. Sec. 48. Be it further enacted, That the mayor and council shall have the right to revoke any license at any time that may be granted by them under the provisions of this charter, whenever it is sufficiently shown to them the person or persons, company or corporation to whom said license were granted, is abusing same, or whenever it is to the best interest of the city to do so. Licenses revocable. Sec. 49. Be it further enacted, That it shall not be lawful for any member of the city council of said city to be interested either directly or indirectly with the city of Lilly, the mayor and council or any member of them, having for its object the improvement of the city or any part thereof; or the expenditure of its money. Any violation of this Section by the mayor or any member of the council shall, on the conviction thereof be punished as for a misdemeanor under the court of Georgia. No councilman to be interested in any muicipal contract. Sec. 50. Be it further enacted, That said mayor and council of said city of Lilly shall have power and authority to protect all places of Divine worship, and cemeteries of said city, and to provide one or more cemeteries for the burial of the dead, whether within or without the said city, to regulate the interments therein; and to expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. Churches and cemeteries. Sec. 51. Be it further enacted, That authority to carry out and effectuate by ordinance, and to provide a penalty for the violation of said ordinance, whenever in their discretion

Page 1347

the said mayor and council may deem it necessary, and all further power granted the said city of Lilly in this Act is hereby expressly conferred on the mayor and council of said city. Enforcement of ordinances. Sec. 52. Be it further enacted by the authority of the General Assembly of Georgia, and it hereby enacted by authority of the same, That there shall be established and maintained, conducted and supported, a system of public schools, as in the manner hereinafter provided, and for the town of Lilly, in the county of Dooly, and the State of Georgia. Public schools. Sec. 53. Be it further enacted, That there shall be a board of education for said town consisting of five members, whose term of office shall be for two years and until their successors are elected and qualified as hereinafter provided, except at the first election held hereafter there shall be two members elected for one year ad three members for two years, which said election shall be held the first Monday in October, nineteen hundred and eleven. Said election shall be held under the same rule and regulations as the election for mayor and council of said town are held. Board of education. Sec. 54. Be it further enacted, That the said board shall select from its body a chairman whose duty it shall be to preside over all meetings of said board and execute its orders. The clerk and treasurer of the city of Lilly shall be ex-officio clerk and treasurer of said board of education, and it shall be his duty to attend all meetings of said board of education, and keep a record of all meetings of said board, which record shall be subject to public inspection when demanded, and shall perform such other duties as may be prescribed by said board. And for his failure or

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neglect to do so, the said board shall have power to employ another to perform said duties, and draw a warrant to pay for same, which sum shall be deducted from the salary of said clerk and treasurer of said city. Officers of board. Sec. 55. Be it further enacted, That said board of education shall have power to make such rules as they may deem necessary for the government of themselves, the teachers and pupils of said school; to establish grades in said school and to prescribe the curriculum of studies and text-books to be used therein; to employ the teachers thereof; to fix their salaries and pay the same or cause it to be done; and to provide for the convenience and necessary appliances of said school; to do all lawful acts that may deem necessary or beneficial to the proper operation of said school. Also, to revise, hold, apply, sell or expend any donation of bequest of property or money made for the benefit of said school. Powers of board. Sec. 56. Be it further enacted, That the necessary funds for the establishment, conducting and maintaining and supporting such public schools shall be derived as follows: First, it shall be the duty of said board of education, at or before the time for the annual levy of taxes for general purposes for the said city of Lilly, to make known to the mayor and council of said city the amount of funds or the rate of per cent. or the total valuation of taxable property in said city necessary, in their discretion, for establishing, conducting and maintaining said school; and it shall be the duty of the mayor and council of said city and they are hereby authorized, empowered and required to levy each year a special tax sufficient to raise the amount recommended by said board of education not to exceed one per cent. on all property, both real and personal, subject to

Page 1349

taxation in said city, shall be collected as other taxes are collected for general purposes of said city and when collected, and as collected, shall be passed and credited to the school account of said city, which account the said clerk and treasurer is hereby required to keep separate and distinct from all other accounts at all times and which shall not be used for any other purpose except for school purposes. Second, the County School Commissioner of Dooly county is hereby authorized, required and directed to pay over the clerk and treasurer of said board the pro rata share of the State and county school funds to which said city is entitled, according to the number of children of school age residing within the corporate limits of said city, increased by the number of children of school age residing without the corporate limits of said city who attend said school. For each child of school age residing within the corporate limits of said city of Lilly and for each child residing without the corporate limits of said city but attending said schools, the said board of education of said city is entitled to receive for each year that amount apportioned for each child of school age residing within the county of Dooly from the State funds. The amounts to be thus paid shall be paid at the time and in the same manner that the teachers of the counties of this State are paid, and when paid over to said board of education of said city shall be expended by the said board fo rthe maintenance of said schools. Third, all funds received from other sources as is elsewhere provided in this Act, the said board of education shall furnish the County School Commissioner with the number of children entitled to participate in said school provided in this Act, which shall be the basis upon which the share of the school funds of this State to which said city is entitled shall be reckoned. School tax. Pro rata share of State school fund.

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Sec. 57. Be it further enacted by the authority aforesaid, That at least one school for white children and one school for colored children shall be established and maintained under the provisions of this Act for not less than five months in each year. No white child shall be admitted to any colored school and no colored child shall be admitted to any white school. All children who are entitled to the benefits of the public school funds of this State shall be admitted to said schools upon payment of such incidental and matriculation fees as the said board may see proper to charge or impose, which sum shall not exceed $6.00 annually. The said board may by a majority vote, refuse to admit any child or pupil to said schools or may expel them from same at any time if in the judgment of said board it would be detrimental to the moral or general welfare of said schools or pupils thereof to allow them to enter or remain in said school. White and colored schools. Pupils. Sec. 58. Be it further enacted, That the said board of education shall have power and it shall be their duty to provide school houses by building, renting, purchasing or otherwise to repair the same, to provide for the comforts of the teachers and pupils; to employ a superintendent and other teachers; to discharge any person connected with said schools at any time for incompetency, incapacity, immorality or neglect of duty, to make all such by-laws, rules and regulations for the government of said schools, its teachers and their pupils and for said board of education and for the receiving and paying of the funds belonging to said schools, as said board may deem necessary and proper. School house and teachers. Sec. 59. Be it further enacted, That after the passage of this Act the county board of education of Dooly county shall not contract with any person to teach a school in the

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said city of Lilly nor shall they establish any school within the same, or have any voice or authority over the management of the same. The entire and exclusive management of said school is hereby vested in the board of education of the city of Lilly. County school. Sec. 60. Be it further enacted, That all vacancies in said board whether caused by death, resignation or otherwise, shall be filled as in cases of regular elections, within thirty days after a vacancy shall occur the mayor of said city shall give notice of the time and place of holding an election to fill said vacancy, which notice shall be posted in three or more distinct and conspicuous places in said city at least fifteen days before said election is held; provided , if the mayor should refuse or fail to give said notice within the time prescribed, then any two qualified voters of said city are authorized to give said notice, which shall have the same binding effect as if it the mayor had given the notice. Sec. 61. Be it further enacted, That any election held hereunder for the election of members of said board or to fill the vacancies therein, said election shall be presided over by a Justice of the Peace and two freeholders, or by three freeholders, who shall take oath prescribed in the general elections of said city and shall deliver to the successful persons in said election a certificate of election; provided , said certificate shall not be delivered until five days from the date of said election, after which time the persons elected shall qualify by taking the following oath: I,....., do solemnly swear that I will perform the duties as a member of the board of education of the city of Lilly to the best of my knowledge and ability, and without favor or affection to anyone, so help me God. Which oath shall be administered by the mayor of said city or any

Page 1352

other person authorized by law to administer oath, and shall be recorded in the regular book of minutes of said board of education; provided , this Act is ratified by a majority of the voters within the one mile limit proposed to be incorporated. Election of board members, how held. Oath of members. Sec. 62. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Lilly, or conferring any powers on the mayor and aldermen of the town of Lilly, or the city of Lilly, are hereby consolidated into and superseded by this Act, all provisions of former Acts which are inconsistent with and are at variance with this Act, are hereby expressly repealed; and all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Former charter. Approved August 21, 1911. McCAYSVILLE, TOWN OF, INCORPORATED. No. 70. An Act to establish a new charter for the town of McCaysville, in the county of Fannin, State of Georgia, to describe and define the limits of said town, to provide for a mayor and council, and other officers of said town, to prescribe the rights, duties and powers for the officers and for their election, to grant certain rights and privileges to said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the municipal government of the town of McCaysville, Georgia,

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shall consist of a mayor and five councilmen, and they and their successors shall constitute the body corporate under the name and style of McCaysville, under which name and style shall have power to enter into contracts, sue and be sued, plead and be impleaded, in any of the courts of the State, to have and use a common seal, to hold all property, both real and personal, which may now belong to said town, or which may hereafter be acquired, to acquire both real and personal property, by gift, or purchase or otherwise as may be deemed necessary for the welfare of said town, for public use and management, use, sell, improve, lease, or rent, said property of said town, as may be deemed best for the corporate interest, by the authorities of said town. McCavsville, town of: Corporate powers. Sec. 2. The town of McCaysville, as it shall be constituted under this charter, shall succeed to all the rights and liabilities of the present corporation of said town, and the officers herein provided for shall have perpetual succession, and shall have power from time to time to make, ordain and establish such rules, by-laws, ordinances, resolutions and regulations as shall appear to them necessary and proper for the good government, security, general welfare, and interest of said town of McCaysville, and for the preserving of the health as will not conflict with the Constitution of said State or United States; provided, however , that the present councilmen of said town of McCaysville, to-wit.: W. T. Mathews, Geo. Taylor, Marion Elrod, A. D. Angel, T. S. Fortner and J. V. Dillingham, mayor, shall be and constitute the body corporate of said town of McCaysville, and shall exercise and have all rights and powers, duties and liabilities granted and conferred on the corporate authorities of the town of McCaysville, under the provisions in this Act unitl their successors are elected and qualified under the provisions of this Act. Rights and liabilities.

Page 1354

Sec. 3. Be it further enacted by the authority aforesaid, That on the second Monday in January, 1912, there shall be an election held for the purpose of electing a mayor and five councilmen, whose term of office shall be one year or until their successors are elected and qualified. The election provided for in Section 3 hereof shall be held by a Justice of the Peace and two freeholders, residents of said town of McCaysville, or in the event any cause the Justice of the Peace does not assist in the holding of the said election, then any three freeholders, residents of said town, may hold said election; the election holders shall take and subscribe the said oath as is prescribed by law for superintendent of election for members of the General Assembly of the State of Georgia; they shall have all powers incident to superintendents of elections and to administer oaths to voters as to their qualifications to vote in said election, and shall place on the ballot a number corresponding with the number appearing opposite their names. At the close of the election they shall count the ballots, keeping two tally sheets thereof, and shall at once declare the results of the election, and shall issue certificates of election to the person receiving the highest number of votes. They shall place all the ballots cast in the said election, together with a list of the voters and one of the tally sheets in a sealed package. The list of voters and tally sheets being duly certified by the election holders to be correct. They shall then deposit with the clerk of the town the remaining tally sheet and list of voters duly certified to be correct, which tally sheet and list of voters shall be safely kept by said town, together with the sealed package containing the list of voters, tally sheets, and ballots, which shall not be opened by anyone except in case of contest, and be by said clerk destroyed without examination. The managers of said

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election shall be paid the sum of one dollar each upon the certificate of the mayor as to his services. Election of mayor and councilmen. Sec. 4. Be it further enacted, That the clerk of the town shall open a list for the registration at least thirty days prior to municipal election for the registration of voters, which list shall be kept open every day except Sunday and during such hours as shall be prescribed by the council until five days prior to said election, not counting Sundays, when said list shall be finally and absolutely closed. During the time that said list is open it shall be the duty of the clerk or other person having same in charge upon application of any person who will be entitled to vote in coming election, to register the name of such person, giving name and age and occupation and place of residence, and shall require the person registering to take the following oath: You do solemnly swear that you are a citizen of the United States of America, that you have resided in the State of Georgia immediately preceding this election one year, and in the county of Fannin six months, and in the town of McCaysville thirty days preceding next election, and that it is your intention to remain a citizen of said town of McCaysville until the day of election, that you are twenty-one years old or will be immediately preceding the coming election, that you have paid all the taxes you are due the town of McCaysville, and have made all the returns required of you by the ordinances of said town, so help you God. It shall be the duty of the registration officer to furnish a list of registered voters alphabetically to the superintendent of the election, duly certified to be correct. The superintendent of said election shall keep this list before them and shall not allow anyone to vote who has not complied to the requirements of this election. Registration of voters.

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Sec. 5. Be it further enacted, That at the first meeting of the mayor and council a mayor pro tem . shall be elected whose term of office shall be coincident with that of the mayor, who shall have all powers and duties of the mayor. In absence or disqualification of the mayor, and in the event of the absence or disqualification of the mayor and mayor pro tem ., the council shall elect one of their number to act, who shall have the same rights and powers as the mayor during said absence or disqualification. At the first meeting of the council after their qualification they shall elect one of their number for clerk whose term of office shall be the same as that of the mayor. He shall keep a minute of the council in a book furnished him, and shall preserve them and all other records and vouchers intrusted to him. He shall receive tax returns and collect all the taxes due said town. He shall issue all licenses and collect license tax as shall be provided for by the rules and regulations of the council. He shall receive all the money due said town and keep a correct account thereof, showing from what source the same was derived. He shall issue executions for all taxes which are not paid by the time fixed by the council for paying the same, which execution shall be directed to the marshal of said town or his deputy. At the first meeting of the council after their qualification they shall elect a treasurer, who shall be the custodian of the funds of the town and he shall keep a record of the same. Mayor pro tem. Clerk. Treasurer. Sec. 6. Three of the board of councilmen shall constitute a quorum of the body. The mayor shall preside over the meeting of said council and shall vote only in case of a tie, in which case he shall cast the deciding vote. He shall be the chief executive officer of the town, shall take care that the by-laws, orders, rules, regulations, and ordinances

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of said council are faithfully executed. He shall have exofficio the powers and the duties of the Justice of the Peace within the limits of said town, except that he shall have no jurisdiction in civil cases. As such Justice he shall have control of the marshal and his deputies and all special officers appointed by the council for any purpose, and he shall have power to appoint special marshals on special occasions when the emergency of the case may require it. He shall have the power to cause the arrest and detention of all boisterous, riotous or disorderly persons. Before issuing his warrant therefor, the mayor shall have the right to veto any ordinance of the council, in which event the same shall not become a law unless it subsequently be passed over his veto, by a vote of at least four of the councilmen, on a yea and nay vote of the council on their minutes. The mayor shall have power to punish any and all persons for contempt of court both before the town council and the police court in the sum not to exceed twenty-five dollars or more than five days in the guard house, either or both or any part thereof in the discretion of the court or presiding officer. Quorum of council. Powers and duties of mayor. Sec. 7. The mayor and other officers shall receive such salaries as shall be prescribed by the council as compensation for their services. That the mayor of the town or in his absence the mayor pro tem. , shall hold mayor's court in said town for the trial of all persons charged with the violation of any of the ordinances, orders, rules, by-laws or regulations of said town and shall on conviction punish them by a fine not to exceed fifty dollars, or by compelling them to work on the public streets of said town of McCaysville, by a term not to exceed thirty days or by confinement in the guard house of said town or in the common

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jail of Fannin county not more than sixty days, and in the discretion of the presiding officer all or any part of each may be imposed. Salaries Mayor's court. Sec. 8. Said court shall have full power and authority to issue executions directed to the marshal or his deputies for the enforcement of any and all fines imposed and for the collection of all cost, and shall have power to enact by ordinances the enforcement of all its sentences. When any sentence shall provide for a fine and imprisonment, until the fine is paid the jailer of said county of Fannin, upon application of the mayor of said town of McCaysville, shall receive the one so fined and confine him in jail of said county in accordance with the terms of said sentence and in like manner as he receives prisoners sentenced to imprisonment. The jailer shall receive the same compensation as for the keeping of State prisoners, which shall be paid by the town of McCaysville as other obligations are paid by said town. The presiding officer shall assess in all cases brought before him. In all cases where any municipal law is violated as well as in State cases where the defendant has to answer to any offense bailable by the Justice of the Peace, but when a sentence for contempt of mayor's court to confinement for violation of any municipal laws the defendant may at the discretion of the court be confined in the guard house of the town of McCaysville instead of the county jail. Fines and costs and other sentence. Sec. 9. Be it further enacted, That where executions are issued for municipal or ad valorem taxes, licenses, taxes, or other fees, the cost shall be the same as that of execution for the State and county taxes and in all cases before the mayor's court where the defendant is bound over for State offense the cost shall be the same as received

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by the Justices of the Peace in like cases. All persons convicted in the mayor's court shall have right to appeal to the council in writing. Immediately after conviction the cost when accrued must be paid. In lieu thereof an affidavit in form a pauperis shall be filed with said appeal, for the purpose of trying appeals. The board of council shall have a right to convene at any time. They shall have the right to reduce, increase, modify, or nullify the previous sentence, pending the appeal. The accused shall have the right and shall be allowed to give bond for the appearance if he is able to do so, otherwise he shall be confined in the guard house or jail. The person before whom the case was originally tried before can conduct the examination of the witnesses in the new trial unless council be employed, but he shall not be competent to sit as a member of the court of appeals. Court costs. Appeals from mayor's court. Appearance bonds. Sec. 10. The town council shall have power to assess, levy and collect an ad valorem tax upon all property, both real and personal. They shall have power to fix rules and regulations, and to fix penalties for non-compliance therewith, to fix the time for making tax returns and time for paying taxes. Notices of such times being given at least thirty days prior to such fixed times by posting notices at three public places in said town for the ordinary purposes of the municipal government. The council shall have power to assess an ad valorem tax of not more than six-tenths of one per cent. for the purpose of improving and working the streets and for opening streets and for other extraordinary expenses. They shall have the power and authority to levy an additional tax of not more than four-tenths of one per cent. The council shall have power to appoint three freeholders, citizens of said town, but who are not members

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of the council, as tax assessors, whose duty it shall be to assess any and all property within the corporate limits of said town subject to State and county tax and make a return thereof to the council under such rules as the council may prescribe. The clerk of said town shall receive the returns of all personalty owned and situated in said town by any person resident or non-resident in addition to the ad valorem tax herein provided for. The council shall have power to collect a special tax on all billiard tables, pool tables, or ten or nine-pin alleys or alleys of like character, also upon all wheels of fortune or anything of like device run for hazard or chance or for the purpose of inducing trade or for private gain, also for circuses or any like performances. They may levy a tax upon all ball games of any character, also upon all fire and life insurance companies doing business in the town, all telephone and telegraph companies and any person running mills, or loaning money, or any business carried on in said town, such as merchants of any line. Taxation. Sec. 11. They shall have power to tax all livery stables, feed stables and sale stables, drays, hotels, public boarding houses. They shall also have power to tax all transient persons doing business in said town. All the special taxes herein provided for shall be paid to the clerk of the said town before the person shall engage in the business or calling for which he is subject to tax, and any person who shall so fail to pay the same before engaging in the business or calling for which he is subject for tax or shall fail or refuse to pay upon notice that he is liable therefor shall upon conviction be fined double the amount of the tax, together with the cost, or be imprisoned in the guard house or be put to work for not more than thirty days. Special taxes.

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Sec. 12. In case of non-resident corporations or firm, the agent representing the non-resident corporation or firm whose transient business for them shall be subject to the penalty herein provided for, for doing business without first securing license and paying the tax. Agents liable. Sec. 13. The council shall have full control and authority to lay out, widen, or straighten, open or close, alter, drain and keep in good repair, all roads, streets, alleys, crosswalks, sidewalks, and bridges in said town for the use of the public, to fill up or repair any public well in said town, to provide proper drainage and sewerage for said town, to provide punishment for filling up any drainage or sewerage, either on public or private property by imprisonment or labor on the public streets. Streets, etc. Sec. 14. Be it further enacted by the authority aforesaid, That all persons subject to road duty under the laws of this State and who resides inside the corporate limits of said town of McCaysville, shall be liable to street duty in said town not to exceed ten days in any one year under the direction of the officers of said town; provided, however , that the board of council provide a commutation tax in lieu of such work on the streets not to exceed five dollars, which when paid shall relieve the party from street duty that year. Such street duty shall become due on the first day of February of each year, and if not paid when demanded by the marshal, if the work demanded is not performed when required, the marshal shall return such as defaulters and unless satisfactory excuse is rendered before the mayor said defaulter shall be fined double the amount of the tax assessed or not more than thirty days labor on the streets at the discretion of the mayor. All money collected as a

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street tax shall be applied to the improvement of the streets and no other purpose. Street work or tax. Sec. 15. The council shall have power to levy a tax on dogs not to exceed two dollars per head per annum, which tax shall be added to the general tax fund of the town. Dog tax. Sec. 16. The council shall have power to remove from the streets, or cause to be removed from streets, alleys, sideways, crossways, at the expense of the owner any building, porch, steps, fence or other obstruction thereon or abate or cause to be abated any nuisance in any street, sidewalk or alley, or any other nuisance in said town, to determine and declare what is a nuisance and to abate the same. Street obstructions. Sec. 17. The council shall have power and authority to regulate private waterclosets, butcher pens, shops, stores, flues, chimneys, in said town at the expense of the owner, and have them repaired if same become dangerous to the public or to private property of the town. They shall have power to regulate the keeping of domestic animals and to prevent the same from running at large in said town, to provide for impounding and sale of same, to regulate the keeping of public or private stables and all other property that may become dangerous or offensive to the citizens of said town. Police regulations. Sec. 18. The council shall have power and authority to pass ordinances to prevent the blockading of the streets of said town, alleys or sideways and hitching of animals only at such places as may be designated and to prescribe punishment for same. They shall have power to regulate the use of fire arms, fire works, and other dangerous and noisy

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and offensive explosives used in sports or otherwise in said town. Street obstructions. Explosives. Sec. 19. They shall have power upon proof of the existence of any rowdy or lewd house or gambling house or house where any intoxicating liquor stored or kept for illegal sale, to abate the same and to this end the marshal of said town shall have power and authority upon any reasonable grounds of suspicion or upon the affidavit of any person that any house is used for that purpose to enter the same and make search, and may seize any property found therein, or arrest any person therein when such property is therein kept or stored for illegal purposes or practices, and bring said property and person before the mayor to be dealt with as the ordinances direct. Authority and duties of marshal. Sec. 20. Said town council shall have power and authority to grant franchises to electric light companies, water works companies, telegraph and telephone companies, and any other corporation desiring to do business in said town. Franchises. Sec. 21. Said town council shall have power to establish a chaingang in said town to be composed of all violators of the ordinances of said town who may be sentenced thereto, or may fail or refuse to pay the fine imposed, or such other convict as the council may see fit to hire or employ; said convicts to be in charge of the marshal or his deputy or such person as the council may select. The person in charge of such convicts shall compel them to obey orders and do good work, and to that end he is hereby authorized and empowered to whip any and all refractory convicts. Said municipal corporation shall have all the rights, privileges and power incident to such corporations

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which are not in conflict with the laws of this State or the United States. Chaingang. Sec. 22. The council shall have power to enact ordinances in regard to the observance of the Sabbath day, and to prohibit any and all persons from opening their places of business on that day for the purpose of trade, except in cases of emergency, necessity or charity, and shall have a right to prohibit all games or any form of amusement within the limits of said town which is not consistent with the observance of the day. Sabbath day. Sec. 23. At the first meeting of the council after their qualification they shall elect a marshal, whose term of office shall be the same as that of the mayor, or until removed by the council. He shall be required to give bond in the sum, such as the council may prescribe for the faithful discharge of his duties, and for the accounting for and paying over to the clerk of any and all moneys that may come into his hands belonging to said town, which bond shall be payable to the mayor of said town of McCaysville. Marshal, election of, etc. Sec. 24. The marshal may be removed at any time for inefficiency, neglect of duty or any other cause in discretion of the council. They may appoint one or more deputy marshals for such terms as may be prescribed by them, whose duties shall be the same as that of the marshal. Said marshal or his deputies shall have power and authority to arrest all persons violating any of the penal ordinances of said town and confine them in the guard house or common jail of Fannin county, subject to trial before mayor's court or some magistrate as provided for by law. Said marshal shall execute and enforce the ordinances, rules and regulations of said council as may be provided

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therein. They shall levy and execute all processes issued by mayor's court, and all executions for municipal taxes, and shall advertise and sell property levied upon in same manner that the Sheriff is required to advertise property levied upon for State and county taxes, except that the advertisement shall be posted at the council room door and three other public places in said town of McCaysville, and the sale shall be had before the council room door. Sec. 25. The present charter of the town of McCaysville shall remain in force until the passage and approval of this Act by the Governor. Present charter. Sec. 26. Said council shall have full power and authority to establish quarantine against any person or place that may be affected with any contagious disease, and to enforce the same, and shall also have power to establish pest houses and maintain the same when it may be deemed necessary to prevent the spread of contagious diseases. Quarantine. Sec. 27. Be it further enacted, That the mayor, or any member of council upon conviction of malpractice in office or neglect of duty shall be removed and his office declared vacant, and the same shall be filled as herein provided. Mayor and council removable. Sec. 28. The mayor and councilmen shall be liable to punishment as others for the violation of the ordinances of said town. Punishable. Sec. 29. Be it further enacted, That the town council of intersection of the public road from Grogan's Mill to establish and maintain a system of public schools in the town by complying with the following conditions, to-wit: Before any public or common school shall be established in

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said town, to be wholly or partially maintained by said town, the mayor upon recommendation of a majority of the council shall advertise an election by posting notices at not less than five public places in said town, at least thirty days before said election is held. All persons qualified to vote for the mayor and council of said town shall be qualified to vote in this election, and it shall be conducted in the same manner as elections are held under the provisions of this Act, and it shall be the duty of the voter to endorse on his ballot For Public Schools or Against Public Schools, and if two-thirds of the voters, voting in said election, vote for public schools, then it will be lawful for the town council to establish one or more public schools, to be maintained in whole or in part of said town by local taxation; provided, however , that the rate of taxation levied for school purposes shall not exceed one-half of one per cent. in any one year. In the event two-thirds of the qualified voters of said town vote for public schools, then the council of said town is hereby authorized to take all necessary and proper steps to organize, maintain and operate a system of public schools in said town, and to this end may receive by gift, purchase or otherwise any real estate, may improve the same or erect buildings thereon for school purposes they may deem necessary for the welfare of said schools. Public schools. Sec. 30. The mayor, by and with consent of the council to be determined by a vote at any regular meeting or special meeting may upon proper grounds revoke any license granted to any person, when it shall appear that said person or persons are keeping a place for immoral or illegal purposes or who permit the gathering of boisterous or riotous assemblages in or around their place of business. The council may declare such place a nuisance and abate the same as such. License revocable.

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Sec. 31. No officer shall have any interest in any contest directly or indirectly in which the town is interested or is a party. Neither shall any member of the council be allowed to vote upon any question in which he has any personal interest. No officer shall be interested in any municipal contract. Sec. 32. All the elections held under the provisions of this Act shall be held between the hours 8:00 o'clock a. m. and 6:00 o'clock p. m., and in no event shall the polls be closed before 4:00 o'clock p. m. Elections, when held. Sec. 33. Be it further enacted, That the corporate limits shall extend to Fightingtown creek, beginning at a point where the Tennessee and Georgia line crosses the L. N. Railroad and running the Tennessee and Georgia line to Fightingtown creek in a west direction, then running a south direction to the original corner of the present corporation to place named as starting point. Corporate limits. Sec. 34. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1911 MACON, CHARTER AMENDED. No. 145. An Act to amend an Act to create a new charter for the city of Macon. Approved November 21, 1893, and the several Acts amendatory thereof, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the mayor and council of the city of Macon are authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident therein and the several suburbs thereof. Macon, city of; water-works. Sec. 2. Be it further enacted by the authority aforesaid, That the operation and management of said water-works plant shall be under a commission consisting of three members to be elected as hereinafter provided, and to be known as the board of water commissioners. Water-works commission. Sec. 3. Be it further enacted by the authority aforesaid, That said commissioners shall be elected on the third Wednesday in September, 1911, at an election held for that purpose; that the commissioner receiving the highest number of votes at said election shall be declared elected for the term of six years, and the commissioner receiving the next highest number of votes at said election shall be declared elected for the term of four years, and the commissioner receiving the third highest number of votes at said election shall be declared elected for the term of two years, thus making the respective terms of said commissioners two, four, and six years, as herein provided; that biennially thereafter on the third Wednesday in September one commissioner shall be elected for a term of six years; that all elections for water commissioners shall be under the laws regulating elections for mayor and aldermen of said city. Should any vacancy occur on said board, the remaining members thereof shall immediately notify said mayor and council thereof, who shall at their next regular meeting thereafter call an election for the purpose of filling such

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vacancy, to be held within sixty days from the call thereof; provided , that such special election shall not be held within thirty days of any general or primary election for mayor and aldermen of said city. The person so elected shall hold office for the unexpired term for which he was elected. And all commissioners shall hold office until their successors are elected and qualified. Provided, however , that if said vacancy should occur within sixty days from the expiration of said term, then vacancy shall be filled by an election to be held by said mayor and council. Election of commissioners. Sec. 4. Be it further enacted by the authority aforesaid, That immediately after the election of said water commissioners, each of them shall give bond for the faithful discharge and performance of their duties, in the sum of ten thousand ($10,000) dollars, payable to and to be approved by the mayor and council of the city of Macon; that they shall proceed to elect a chairman for the term of two years, at a salary of twelve hundred and fifty ($1,250.00) dollars per annum; that the other members of said board shall receive a salary of seven hundred and fifty ($750.00) dollars per annum. All salaries to be paid monthly by vouchers drawn upon the fund deposited to the credit of said board, by the chairman and countersigned by the secretary of said board. Commissioners, bonds and salaries of. Sec. 5. Be it further enacted by the authority aforesaid, That immediately upon the qualification and organization of said board, the treasurer of the mayor and council of the city of Macon shall deposit to the credit of said board of water commissioners, in some bank or trust company, designated by said board, all of the bonds issued by the mayor and council of the city of Macon for the purchase of waterworks plant of the Macon Gas Light and Water

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Company, in excess of the actual amount paid to said water company for the purchase of the said plant by the city of Macon; and in excess of the cost of any extensions to said plant made by the mayor and council of the city of Macon or under its direction and authority, whether by contract or otherwise, since the date of the award made and returned by the board of arbitrators fixing the price of said waterworks plant; that said bonds to be deposited or the proceeds arising from the sale thereof, shall be used for the purpose of extending and enlarging the waterworks plant passing to said city, and for no other purpose. Proceeds of bonds for water and light. Sec. 6. Be it further enacted by the authority aforesaid, That said board of commissioners shall have power to make all rules and regulations for the management and operation of said water plant and fix, from time to time, the rate charged for water, with the right to classify said rates; provided , that in no event shall a maximum rate charged by them be higher than the flat or meter rate heretofore charged by the Macon Gas Light and Water Company for household purposes and use upon the curtilage, but said board shall never enforce payment for water for more than thirty days in advance of supplying the same; that all employees that may be necessary for the operation and management of said plant shall be under the direct control and authority of said board of water commissioners and they shall have the authority to discharge any and all persons employed by them at any time in the same manner and to the same extent that any private employer has over his employee; that some person fully qualified to keep correctly the books of the board shall be employed to fill the office of secretary of said board, whose duty it shall be to keep a correct set of books showing all purchases of every

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character pertaining to the management, operation, construction and extension of said plant, and shall make regular itemized monthly report to the mayor and council of the city of Macon, showing the receipts and disbursements of the plant, together with a statement of the amount of money in bank and where deposited. Rates for water and light. Operation of plants. Said books so kept shall be at all times open to the inspection of the mayor and council of the city of Macon and any citizen thereof under proper regulations provided by said board of commissioners. They shall have their books audited annually by some certified competent public accountant, and cause to be published in two daily newspapers in the city of Macon a full and complete statement once every three months. Books of commissioners. To employ some expert hydraulic engineer, whose duty it shall be to have general superintendency of operation, construction and extension of said plant; to require all employees handling any of the moneys touching and concerning the operation and management of said plant, or in any way connected with the purchase of any supplies for the operation, construction and extension of said plant, to give a bond for the faithful discharge and performance of their duty, in a sum to be fixed by the commission; that it shall be the duty of said board of water commissioners, and they are hereby authorized to make all necessary extensions and do all necessary work for the maintenance and improvement of said waterworks system, and to carry on the business of the waterworks, and to make such extensions and improvements, either by letting contracts to the highest bidder, or by doing said work by its own force, as in their judgment they deem best, out of the money received from the sale of the bonds as hereinbefore provided, or out of

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the income from the waterworks after paying the expenses and setting aside of the amount of money necessary to pay the interest on the bonds, and a fund to assist in retiring the bonds; to select some reputable bank or trust company to act as a depository for the bonds as hereinbefore provided, and to receive and pay out in the manner herein provided, all sums of money collected by said board of water commissioners in the operation of said water plant or from any other source, and to receive and hold and pay out all moneys arising from the sale of bonds deposited with them by the mayor and council of the city of Macon, as herein provided. All other things being equal the bank or trust company paying the highest rate of interest on the daily, balance shall be selected as trustee and depository. Said bank or trust company at its own expense, shall give an indemnifying bond conditioned to save the mayor and council of the city of Macon, harmless in the faithful performance of its duties, and for the faithful accounting of all moneys deposited with it by said commissioners. Engineer. Powers and duties of commissioners. Sec. 7. Be it further enacted by the authority aforesaid, That all the income arising from the operation of the said waterworks and all the revenue derived therefrom after paying the necessary operating expenses and the cost of any extensions and repairs of the said waterworks plant is hereby appropriated to the payment of the principal and interest of the bonds issued by the mayor and council for the purpose of raising money with which to purchase said waterworks, and the said board of water commissioners are hereby required and directed to make a daily deposit of all such moneys in the bank or trust company hereinbefore provided for, and neither the said board of water commissioners or the mayor and council shall ever have power to

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appropriate or use any of said funds for any purpose other than herein specified, until the said bonds shall be retired and paid off, and the said mayor and council are hereby given authority to appropriate said money in said bank in excess of the said charges for maintenance, extension and repairs to the payment of the principal and interest on said bonds. Income of waterworks. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Macon are hereby authorized to make all necessary ordinances for the purpose of protecting the city in the ownership and enjoyment of said property, and for the purpose of protecting the city against loss and misuse and waste of water by the consumers of the city of Macon and its suburbs by means of said waterworks plant, and the mayor and council shall adopt as ordinances all rules and regulations of the board of water commissioners whenever requested by said board in writing. Protection of waterworks. Sec. 9. Be it further enacted by the authority aforesaid, That the city of Macon shall pay annually to the water commission the same rate paid by other consumers of the same class; provided , that said rates shall not exceed the rate heretofore paid the Macon Gas Light and Water Company; setting off in each annual settlement the same amount of taxes paid on the waterworks plant for the year 1911. City chargeable for water. Sec. 10. Be it further enacted, That the city attorney shall be the legal adviser of said board in all matters, and for which he shall not receive any additional compensation. The board of water commissioners shall have power to employ special council whenever in their opinion the best interest of the waterworks may require it. City attorney counsel for commissioners.

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Sec. 11. Be it further enacted by the authority aforesaid, That the action of the mayor and council of the city of Macon adopting the report of the committee on streets on the petition of M. A. Clark, and approved by the mayor and council on the 5th day of July, 1911, providing for the closing and vacation of Tatnall street from Elm street to Edgewood Avenue (formerly Boundary street) in the city of Macon, and for other purposes, as fully set forth in the resolution of the mayor and council, be, and the same is, hereby ratified and confirmed, and the action of the mayor and council in closing said Tatnall street is hereby authorized and ratified and the consent of the State is hereby granted to the closing and vacation of said Tatnall street from Elm street to Edgewood avenue, and to the use and occupation of said Tatnall street by the trustees of the Mercer University; and authority is hereby conferred upon the mayor and council of the city of Macon to enact such further ordinances, resolutions and votes as may be necessary to carry out the report of the committee adopted by the mayor and council of the city of Macon above referred to and for the purposes stated in the said petition of M. A. Clark, and for the purposes contemplated by the action of the mayor and council in granting said petition and consenting to the use and occupation of said Tatnall street as a part of the grounds and campus of Mercer University. Tatnall street. Sec. 12. Be it further enacted by the authority aforesaid, That in case of the disqualification of the recorder of the city of Macon and of the mayor and mayor pro tem. to hear and try any case in the recorder's court, the mayor shall in such event be authorized to name and designate any one of the aldermen of the city of Macon to hear and try any case in which such disqualification exists, such alderman in any such case being clothed with the same power

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as is granted to the recorder by the charter of the city of Macon in other cases. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Macon be, and they are, hereby authorized and empowered to establish and create a system of civil service for the members of the police and fire departments of said city, and to provide such rules and regulations for the examination, selection and appointment of the members of the police and fire departments on a basis of merit as they mayor and council in their discretion may determine would insure the best service in said departments; that any rules and regulations that may be established by the mayor and council for the government of the members of the police and fire departments shall be without prejudice to any member of either of these departments serving either as a policeman or a fireman at the time of the passage of this Act, and those serving in either of said departments at the time of the passage of this Act shall be entitled to continue in the service without examination under the rules that may be established as provided by this Act, unless removed for just cause to be judged by the mayor and council of the city of Macon; and provided that nothing in this Act shall be held or construed to interfere with the right and power of the mayor and council to remove from the service of either of said departments any member thereof for just cause shown, to be judged by the said mayor and council. The mayor shall appoint a committee of three aldermen to be known as the civil service committee. It shall be the duty of this committee to draft and recommend rules and regulations for the examination, selection and appointment of members of the police and fire departments on a basis of

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merit and which said rules and regulations shall be according to the usage of the usual civil service as adapted to municipalities in similar departments of the public service; any such rules and regulations proposed and recommended by said committee before becoming effective must be approved and adopted by the mayor and council. System of civil service for police and fire departments. Sec. 14. Be it further enacted by the authority aforesaid, That Section one of the Act amending the charter of the city of Macon, found on page 786 of the published Acts for the year 1907, be amended as follows: By striking the words thirty-five ($35.00) dollars in the sixth and seventh lines of said Section 1, and substituting in lieu thereof the words not exceeding seventy-five ($75.00) dollars, so that said Section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the mayor and council of the city of Macon shall be authorized and directed to appropriate and pay to the manager, librarian or assistant librarian of either or both of the Macon public libraries the sum of not exceeding seventy-five ($75.00) dollars per month for organizing, opening and teaching a night school at either or both of the Macon public libraries on the terms and conditions hereinafter named. Night schools at public libraries. Sec. 15. Be it further enacted by the authority aforesaid, That the charter of the city of Macon with the several Acts amendatory thereof, be, and the same is, hereby amended so as to authorize the mayor and council of the city to close up the alley in Square Fifteen (15) running

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from Mulberry street to Walnut street through said Square. Full authority is given to the mayor and council to completely abolish said alley and incorporate the land with the surrounding property so that said alley shall no longer exist through said Square. And authority is also given them and they are hereby authorized to close a portion of the alley in Square No. 4 in said city, beginning at the entrance to said alley on Ocmulgee street, between Fourth and Fifth streets, and running thence southwest along said alley one hundred and thirty-one (131) feet to within ten (10) feet of the northeast line of the Binswauger property in said block, extending across said alley, which point is seventy-nine (79) feet from the cross alley of said square, measured northeast along the alley aforesaid and ten (10) feet from the said Binswauger property line. Alley in square 15 and alley in square No. 4. Sec. 16. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1912, the mayor and council of said city of Macon shall not levy a tax to exceed one and one-eighth per centum per annum upon the property in the city of Macon subject to an ad valorem tax for the purpose of raising revenue for the support of the government of the city of Macon, or to pay any appropriation that may be made by the mayor and council of the city of Macon; provided, however , that the mayor and council of the city of Macon are hereby authorized to levy an addition to the above tax, a tax not to exceed one-eighth of one per cent. per annum upon the taxable property within the city of Macon, for the purpose of laying sewers and paving the streets in the said city of Macon; that the funds arising from the levy of said tax of one-eighth on one per cent. per annum shall never be used by the said mayor and council of Macon for any other purpose than for sewers and pavements; that said tax shall be

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separately levied shall specify the amount so levied, shall be separately collected, and the funds realized from the levy of said tax shall be kept separate from all the other funds. And the said mayor and council shall not have authority to draw any warrant or order upon the said funds so collected for paving and sewerage, as aforesaid, except in payment of bills contracted by them for said purposes, and the treasurer of the city of Macon is hereby prohibited from paying an order or warrant that may be drawn by said mayor and council upon said paving and sewering fund for any other purposes than those herein specified. And in the event he should pay out any of said funds so raised for sewering and paving as herein provided for, except for said purposes, he shall be personally liable for the same upon his official bond. Ad valorem tax. Sewers and pavements. Sec. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. MANCHESTER, CHARTER AMENDED. No. 4. An Act to amend the charter of the city of Manchester, State of Georgia, approved August 16th, 1909, so as to provide compensation for the mayor and councilmen of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That the charter of the city of Manchester, State of Georgia, approved August 16, 1909, be, and the same is, hereby amended by adding at the end of Section eight of said charter the following: Manchester, city of: The salary of the mayor shall not exceed the sum of two hundred dollars per annum, and the salary of each councilman shall not exceed the sum of twenty-five dollars per annum. Salary of mayor. Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved July 28, 1911. MARIETTA, CITY OF, CHARTER AMENDED. No. 293. An Act to amend the charter of the city of Marietta, in Cobb county, Georgia, by creating a board of commissioners for said city and defining their terms of office, powers and duties, establishing a commission government of said city of Marietta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the ratification of the passage of this Act as hereinafter provided, the charter of the city of Marietta, in the county of Cobb, be amended by striking from the fifth line of Section 3 the words and biennially on said day thereafter and by striking from the sixth line of said Section the words a mayor and

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six (6) councilmen, and by inserting in lieu of the latter the words three (3) commissioners, so that when said Section is amended it will read as follows: Section 3. Be it further enacted, That the present mayor and councilmen of said city shall continue in office during the terms for which they were elected and on the second Tuesday in December, 1911, an election shall be held in said city for three (3) commissioners. Said election shall be held by a Justice of the Peace and two freeholders of said city, or by three freeholders of said city in the event no Justice is present to act; but no person who is a candidate for office at said election shall act as a manager or clerk thereof. The polls shall be opened at 7 A. M. and kept open until 6 P. M., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of council on the book of minutes, or other book kept for that purpose. Said record shall be evidence of the result of said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except he be eligible under the provisions of the Constitution of said State to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as hereinafter provided. Any person voting at any such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be so punished. Marietta, city of: Substitution of three commissioners for mayor and councilmen. Election for. Sec. 2. Be it further enacted, That from and after the first Monday in January, 1912, said charter of the city of Marietta be amended by striking from said Act, approved

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August 15, 1904, Sections, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30 and 31, and by repealing an Act approved August 22, 1907, amending said charter, and that in lieu thereof, the following Sections be enacted. Sec. 3. Be it further enacted, That the commissioners provided for in the first Section of this Act shall be known as the board of commissioners of the city of Marietta, and of those elected as provided in said Section 1, one shall hold their office for a term of two years, one for a term of four years, and one for a term of six years, and until their successors shall be elected or qualified. Their terms of office shall begin when the present mayor and council of said city shall finally adjourn on the first Monday in January, 1912. On the second Tuseday in December, 1913, an election shall be held in said city under the same rules, regulations and provisions as stipulated in the first Section of this Act for the election of one commissioner to fill the terms that will expire on the first Monday in January, 1914, and biennially after the second Tuseday in December, 1913, an election shall be held in said city under the same rules, regulations and provisions to fill the vacancy of the commissioner or commissioners whose terms shall expire in the following January. All persons residing in said city who are qualified to vote in said election, shall be eligible to the position of commissioner. Terms of office of commissioners. Sec. 4. Be it further enacted, That said commissioners and their successors in office shall each take and subscribe an oath to faithfully, honestly and justly discharge the duties of his office. Said oath shall be recorded on the book of minutes to be kept by said commissioners. Oath of commissioners. Sec. 5. Be it further enacted, That at their first meeting in January, 1912, and biennially thereafter, said commissioners

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shall select from their number a presiding officer to be known and designated as chairman of the board of commissioners of the city of Marietta. At said January meeting, 1912, said commissioners shall by allotment or such other way as they may agree upon, determine the respective terms of their members. They shall also select a Secretary of commission, a city treasurer, and such policemen with such designations as chief of police, assistant chief, or otherwise, fire chief, superintendent of city properties, street overseer, sexton, and such other person or persons as in their discretion they may think to the best interest and welfare of the city, all of whom shall be selected for such term or terms as the commissioners may determine, in no event to exceed the term of two years, but with full right on the part of the commissioners at any time, without any trial or investigation, to remove such persons so selected, and to declare the offices vacant, and to re-fill the same at pleasure. City officers. Sec. 6. Be it further enacted, That the powers and duties conferred upon mayor and council by Sections 17, 20, 24, 25, 26, 27, 28 and 29 of the charter of the city of Marietta, as approved August 15th, 1904, are hereby conferred upon the board of commissioners hereinbefore created. Wherever the said charter of the city of Marietta confers special powers and duties upon the mayor of the city, the same shall be conferred upon the chairman of the board of commissioners of said city, unless otherwise provided, and wherever the charter of said city provides that the clerk of the council discharge and perform the duties and powers specified, in said charter, the same shall vest in and be done by the secretary of the board of commissioners, unless otherwise. Powers and duties of commissioners.

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Sec. 7. Be it further enacted, That said board of commissioners shall at their first meeting in January, 1912, or as soon thereafter as practicable, and biennially thereafter, choose and select a recorder for said city, who shall have all the powers of the mayor under the charter of said city now of force, as to trying and punishing offenders against the ordinances of said city, and also to commit such offenders for violating the State laws. Said recorder shall hold the courts to try offenders against the ordinances of said city in the court house and as often as may be necessary to promptly dispatch such business. He shall hold his office for such term as the commissioners may select him, not exceeding two years, and shall receive a salary not to exceed $25.00 per month. All the powers now vested in the mayor of said city under its charter as to holding said courts, compelling the attendance of witnesses, punishing for contempt, and enforcing the orders and judgments of said court are vested in said recorder. Vacancies in the office of said recorder can be filled by the board of commissioners at their pleasure. Recorder. Sec. 8. Be it further enacted, That the secretary of the board of commissioners shall keep a correct book of minutes of the acts and doings of said board. He shall receive all tax returns of said city and collect all taxes due to said city. He shall also keep the books of the water department, sewer department, lighting department of said city and collect all moneys that may be due to the city by its customers or others. He is to keep faithful and accurate accounts of all moneys received or collected for or on account of the city from any source or for any purpose. He shall keep his books and accounts in such way as the board of commissioners shall determine and direct. He shall also likewise pay over the moneys so received and collected by him to

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the city treasurer when and as directed by said board of commissioners. He shall receive a salary to be fixed by the board of commissioners, payable monthly, out of the city treasury. He shall not receive any other compensation or emolument from the city directly or indirectly. He shall make and file with the chairman of the board of commissioners his bond with approved guaranty company security in such sum as the board of commissioners may determine, not less than $5,000.00 for the faithful performance of all his duties. Duties of secretary. Sec. 9. Be it further enacted, That the city treasurer shall do, perform and discharge all duties now devolving upon the city treasurer of said city under its present charter except that his reports shall be to the board of commissioners of said city instead of the mayor and council. He shall also make such bond with satisfactory guaranty company as surety as the commissioners may determine for the faithful performance of his duties as city treasurer. The amount of said bond shall not be less than $5,000.00. He shall faithfully do and perform all duties pertaining to the office of said treasurer and as designated or required by the board of commissioners, and shall receive a salary not exceeding $100.00 per annum, payable quarterly. Treasurer. Sec. 10. Be it further enacted, That from and after the first Monday in January, 1912, Section 5 of the Act approved August 20, 1906, creating a board of lights and water works for the city of Marietta and the several Acts amendatory thereof, be and the same are hereby repealed, and all the powers, duties and rights vested in said board of lights and water works under said original Act, and the Acts amendatory thereof be and the same are hereby fully and completely vested in the board of commissioners of the

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city of Marietta, hereinbefore created, with full power, authority and right to operate, manage and control said properties in such way as to them may seem for the best interest of the city. This will include the power to make contracts, rates, rules, regulations, by-laws, ordinances for the protection of said properties and to have the same enforced for the protection of said properties and benefit of said city as against any person or persons who may violate the same. To this end they may employ a superintendent to have charge of said properties either with or without managing any other interests of the city and with such duties and compensations as said board of commissioners shall determine and provide. Board of lights and waterworks abolished. Sec. 11. Be it further enacted, That the Act shall not change the management of the public school system of said city or in any wise effect the same other than that the duty of electing members of the board of education shall devolve upon the board of commissioners at the same times and in the same way as now devolves upon the mayor and council of said city. The said board of commissioners shall make all tax levies and do all other things necessary under the Acts of the Legislature governing the same necessary for the support and successful operation of said schools. Public school system. Sec. 12. Be it further enacted, That the enforcement of the ordinances and laws of said city shall be under the direction of said board of commissioners and they shall make such rules and give such directions for the enforcement thereof as they may deem necessary thereto. To this end they are empowered to select a chief of police and such other policemen as may be necessary thereto, remove and discharge the same and select and appoint others thereto. Ordinances. Police force.

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Sec. 13. Be it further enacted, That within ten days after the approval of this Act, the mayor and council of said city shall call a special election to be held in said city for the ratification of this Act. Said election shall be held in the manner provided for holding special elections in said city and as early after the first Monday in November as is practicable a special registration of the legal voters of said city shall be had as now provided when special elections are held in said city. Said election shall be held in the same way and under the same rules and regulations that govern the elections for mayor and council in said city. Those favoring the ratification of this Act will have on their tickets For Commission Government, and those opposed to the ratification of this Act will have on their tickets Against Commission Government. If a majority of the legal votes cast in said election shall be in favor of commission government, then this Act shall become effective as hereinbefore provided; but if a majority of the legal votes in said election shall be against commission government, then this Act shall not go into effect. Election to ratify this Act. Sec. 14. Be it further enacted by the authority aforesaid, That at any time when a petition of one-fourth of the registered voters at the last election in said city shall be presented to the chairman of the commission asking that any one or more of the commissioners shall be removed from office and recalled from the exercise of their functions, it shall be the duty of said chairman of said commission to call an election within thirty days from the date of the presentation of said petition in which election the issue shall be as to whether the commissioner or commissioners sought to be recalled shall be removed from office, and if a majority of said voters voting at said election shall vote in favor of the recall of said commissioner or commissioners,

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then and in such case said commissioner or commissioners shall be ipso facto removed from office and shall cease to exercise the functions of said office and the said board of commissioners shall at once call an election for the election of a successor or successors to said commissioner or commissioners, and said election shall be called and be held within thirty days from the date of the removal of said commissioner or commissioners from office. Each and all of the elections provided for in this Act shall be held under the law, rules and regulations now provided for the election of the mayor and city council of said city of Marietta. Recall of commissioners. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. MARIETTA, CITY OF, SCHOOL BONDS. No. 136. An Act of the General Assembly, approved August 19, 1905, authorizing the issue of bonds by the city of Marietta, in Cobb County, Georgia, for school buildings, so as to authorize the issue and sale of said bonds in an amount not exceeding $20,000, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, an Act approved August 19, 1905, authorizing the issue of bonds by the city of Marietta, in Cobb County, Georgia, for school buildings, be amended by striking from

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the ninth line of Section 1 and from the fifth line in Section 2 the word ten and inserting in lieu thereof the word twenty, so that when amended said Sections will read as follows, to-wit: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the mayor and council of the city of Marietta, in the County of Cobb, be, and they are, hereby authorized and empowered to order and have held an election by the qualified voters of said city at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by the said city of Marietta in a sum not exceeding twenty thousand dollars ($20,000), to be sold for the purpose of erecting, acquiring and equipping a school building for the public schools of said city. Said election shall be held in accordance with the provisions of Sections 377 to 380, inclusive, of the Code of Georgia of 1895, and the ballots used in said election shall be `for bonds' and `against bonds.' Section 2, Be it further enacted by the authority aforesaid, That should the said election be in favor of bonds for said purpose, then the mayor and council of said city of Marietta shall be authorized to issue bonds of said city in a sum not to exceed $20,000 in the aggregate. Said bonds shall be designated as public school bonds of the city of Marietta, and shall be for the sum of $1,000 each, and numbered from 1 to 20, inclusive. Said bonds shall be issued in the name of the city of Marietta, under its corporate seal, be signed by the mayor and clerk of council thereof; shall be for the term of twenty (20) years, and draw interest at the rate of 5 per cent per annum, payable semi-annually on such dates as the mayor and council may fix. Marietta, city of: School bonds.

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Sec. 2. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same, are, hereby repealed. Approved August 19, 1911. MARIETTA, SCHOOL LAW AMENDED. No. 52. An Act to amend the Acts of the General Assembly creating a system of public schools in and for the city of Marietta, in the County of Cobb, so as to increase the tax to be be levied annually for the support of said public schools from five-twentieths to six-twentieths of 1 per cent upon all taxable property in said city; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Acts of the General Assembly creating a system of public schools in and for the city of Marietta, in the County of Cobb, be, and the same are, hereby amended so as to increase the tax to be levied annually for the support of said public schools from five-twentieths to six-twentieths of 1 per cent upon all taxable property in said city, and the mayor and council of said city of Marietta shall levy and collect annually, in addition to the tax now allowed by law, a tax of six-twentieths of 1 per cent. upon all taxable property in said city for the purpose of supporting and maintaining said public schools, and said fund shall not be used for any other purpose. The clerk of the council shall pay over said fund

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to the treasurer of the board less such commission as he may be entitled to out of said fund. This Act shall become effective when approved by the Governor of said State, and the mayor and council of said city of Marietta shall levy and collect the tax herein authorized for the year 1911. Marietta, city of: School tax. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. MARSHALLVILLE, CHARTER AMENDED. No. 240. An Act to amend the charter of the town of Marshallville, Georgia, by providing for the appointment of a bond commission for said town, to prescribe their duties and powers, and to fix their terms of office, and to provide how vacancies on said board shall be filled. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act approved August 21, 1906, establishing a charter for the town of Marshallville, Georgia, and the Acts amendatory thereof be, and the same are, hereby amended by adding thereto the following provisions, to-wit: A bond commission for said town of Marshallville is hereby created, to be composed of three citizens of said town, who shall be freeholders, and discreet and conservative business men, who shall have no other official connection with the municipal government of said town. Said commissioners shall be elected by

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the mayor and councilmen of said town at their first regular meeting after the passage of this Act. Said commissioners to hold their office for the term of thirty years and until their successors are elected and qualified. All vacancies on said board, whether caused by removal from office, death or resignation, shall be filled as follows: Wherever a vacancy shall occur the remaining members of said board shall elect a successor to fill said vacancy, then within fifteen days from the time the same shall occur, said vacancy shall be filled by the mayor and council at their next regular meeting, that shall be held after said fifteen days shall have expired. At the expiration of the terms of office of said board, three more qualified citizens of said town shall be elected by the mayor and councilmen of said town for a like term of thirty years, and the vacancies on said new board shall be filled in like manner as above set out in this Act. Said commissioners, before entering on the discharge of their duties, shall take and subscribe to the following oath: I do solemnly swear that I will discharge the duties of bond commissioner for the town of Marshallville, Georgia, faithfully and honestly and to the best of my skill and ability, so help me, God. Said oath shall be made before the mayor and councilmen, and together with the appointment be entered on the minutes. It shall be the duty of such commissioners, or a majority of them, and they are hereby so empowered, to dispose of the sinking fund now raised or that shall be hereafter raised, by taxation or otherwise, for the purpose of discharging any present or any future bonded indebtedness of said town, in the manner prescribed by the laws of this State. The commissioners shall elect from their number a chairman, who shall serve as chairman for one year, or until his successor is elected and qualified. Said commissioners shall elect annually a clerk, who shall be ex-officio, treasurer of said board, and who shall give a bond,

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for the faithful discharge of his duties, in such sum as shall be fixed by said commissioners. Said clerk and treasurer shall hold office for the term of one year from the date of election and until his successor is elected and qualified. Said clerk shall keep a correct record of all receipts and disbursements by said board of commissioners and shall discharge all other duties required of him by said board. Said clerk and treasurer shall, upon his official book, open an account with said commissioners and pass to their credit all moneys collected by said town to pay the bonded debts-of said town, and the interest thereon, as soon as such funds are collected and paid over to the commission; and shall deposit such funds in the bank or banks designated by the board, and he shall pay out said funds as may be required by said commissioners upon their warrants or checks signed by the president or acting president of the board and one other member of the same. Said checks shall designate in their face for what purpose they are drawn. The compensation of said clerk and treasurer shall be fixed by the commissioners annually and shall be paid by the mayor and councilmen upon warrant or check of said board out of the general funds of said town. The commissioners shall keep a record of all their preceedings and the clerk of said board shall exhibit said record to the mayor and councilmen of said town whenever called upon by them so to do. Said commissioners shall hold regular meetings on the last Thursdays in June and December of each year and shall hold such other meetings when called by the president; and it shall be his duty to call a meeting of the board whenever requested to by as many as two members of the board. It shall be the duty of the mayor and councilmen of said town to cause to be paid over to said sinking fund commission the sinking fund now in hand for outstanding bonds, and also all taxes levied and collected each year for the purpose of providing a sinking

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fund, or sinking funds, for the payment of all outstanding bonds of said town, and for the purpose of providing funds for the payment of all bonds which may be hereafter issued, and for the payment of interest on all outstanding bonds of said town, and on all bonds which may be hereafter issued by said town, to be held, controlled and disposed of by said sinking fund commission as herein provided. Said commissioners shall at their first regular meeting, in January of each year, submit to said mayor and councilmen a written statement under oath, giving full and accurate account of all moneys paid to them and disbursed by them, and also the dates of maturity of all outstanding bonds of said town as well as all other facts and circumstances that relate to the bonded indebtedness of said town, and said report shall be spread on the minutes that are caused to be kept by said mayor and councilmen. Marshallville, town of: Bond commission. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. MARSHALLVILLE, TOWN OF, CHARTER AMENDED No. 32. An Act to amend the charter of the town of Marshallville, Georgia, so as to confer upon said town the power to grant exclusive franchises, as well as franchises not exclusive, for all public utilities named in said charter as amended, by amending the amendment to Section 13 of the original charter, approved August 21, 1906, and the amendment approved August 15, 1910.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 13 of the amendment to the charter of the town of Marshallville, Georgia, approved August 15, 1910, be, and the same is, hereby amended by inserting between the word franchises and the word over in the forty-eighth line of said Section, the words exclusive franchises and franchises not exclusive and for a term of years, so that said Section, as amended, will read as follows: Section 13. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to open, lay out, curb, pave and drain streets and alleys or lanes, or to widen, straighten or otherwise enlarge and improve streets, alleys or lanes in said town; to purchase, beautify and improve public squares or parks in said town; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys and for laying sewers and water pipes therein. They shall also have full power and authority to prevent any party from encroaching upon the streets, alleys or sidewalks, or placing any obstructions in or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment, whether buildings, porches, steps, signs or whatever it may be, already erected, and to prevent and abate any nuisance on the premises of any person in said town or upon any street, alley or sidewalk; to establish, use, own, operate and maintain a system of waterworks, electric or other lights, telephones and sewerage in said town; to contract within the Constitutional limitations to have said utilities installed and operated or to have water, lights and telephone service furnished to said town; to grant franchises, exclusive, as well as franchises not exclusive, and for a term of years, over the streets and alleys of said town, for any and all of said utilities and other

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public utilities, to railroad, electric light and power corporations and to individuals, whenever the granting of said franchises will, in the discretion and judgment of said municipal authorities, redound to the public good and welfare. Marshallville, town of: Franchises. Sec. 2. Be it further enacted, That all laws and parts of laws that are in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. MIDDLETON, TOWN OF, INCORPORATED. No. 166. An Act to incorporate the town of Middleton, in the County of Elbert; to define the corporate limits of the same; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide for the enacting of all necessary town ordinances; to provide penalties for the violation of same; to provide for the levy and collection of taxes; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Middleton, in the County of Elbert, be, and the same is, hereby incorporated, under the name and style of the town of Middleton. And by such its corporate name, shall have perpetual existence; may sue and be sued, plead and be impleaded, in the courts of this State. It shall also have power to have and use a common seal, and succeed to all the rights incident to such corporation. Middleton, town of; incorporated.

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Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one mile in every direction from the center of said town, which is marked by an iron pin driven into the ground at the point of intersection of the public road from Grogan's Mill to Elberton by the public road from Rose Hill to Elberton via Middleton. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That corporate officers of said town shall consist of a mayor and five councilmen, and such other subordinate officers as the council may see fit to elect; that W. J. Hammond shall be the mayor of said town, and Dr. J. E. Cole, W. S. Harrison, Grady Hutcherson, G. V. Hammond and W. M. Grogan shall be councilmen of said town from and after the passage of this Act, and shall hold their respective offices until their successors are elected and qualified, at elections to be held under the provisions of this Act. An election shall be in said town on the first Saturday in December, 1911, for the election of three councilmen to succeed the above named Grady Hutcherson, G. V. Hammond and W. M. Grogan, and the councilmen so elected shall hold their offices for the term of two years and until their successors are elected and qualified. An election shall be held under the provisions of this Act on the first Saturday in December, 1912, for the election of a mayor and two councilmen, to succeed W. J. Hammond as mayor and Dr. J. E. Cole and W. S. Harrison, councilmen; and similar elections shall be held on the first Saturday in December of each year, for the election of three councilmen at one election and of a mayor and two councilmen at the next election, and so on, alternately, so that the term of office of such mayor and councilmen shall be for two years each after the first two elections under this Act. Corporate officers.

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Sec. 4. Be it further enacted by the authority aforesaid, That no person shall be eligible to election to the office of mayor and counclimen of the town of Middleton unless he shall have resided within the corporate limits thereof for six months and shall have paid all taxes due said town, and shall be qualified to vote for members of the General Assembly of this State. Qualifications of mayor and councilmen. Sec. 5. Be it further enacted by the authority aforesaid, That all elections for mayor and councilmen, and for all other purposes, held under the provisions of this charter, shall be presided over by three election managers, who shall be freeholders, or by a justice of the peace and two freeholders; all of whom shall be residents of said town and not candidates in said election. The managers shall conduct all elections as nearly as practicable as elections for members of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at some convenient and accessible place in said town at 9 o'clock a. m. and be closed at 4 o'clock p. m. The managers at said election shall take and subscribe before an officer authorized to administer oaths, and in the absence of such officer, in the presence of each other, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of the town of Middleton to hold the same; that we will make just and true returns thereof, and not knowingly permit anyone to vote unless we believe them to be entitled to do so under the charter of said town, or knowingly prevent anyone from doing so who is so entitled; and that we will not divulge for whom any vote was cast unless called upon under the law to do so, so help me, God. Within five days after said election the said managers shall issue to the newly elected mayor and councilmen a certificate

Page 1398

of election to each of the persons elected, showing to what office said person was elected, and for what period of time. Elections, how held. Sec. 6. Be it further enacted by the authority aforesaid, That all persons twenty-one years of age who have resided in said town for thirty days next preceding an election, and who have paid all taxes due said town, and who shall in all other respects be qualified to vote in elections for members of the General Assembly of Georgia, shall be entitled to vote in the elections held under this charter; provided , that said mayor and council may at any time provide by ordinance for the due registration of voters in the elections in said town. Voters. Sec. 7. Be it further enacted by the authority aforesaid, That any person voting at an election of said town who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in Section 1365 of the Code of 1910 of this State. Illegal voting. Sec. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have the authority to elect a marshal, clerk, and such other subordinate officers for said town as they may deem needful, to prescribe the duties of each, to fix their salaries and to require of them such bond as they may deem necessary. Officers. Sec. 9. Be it further enacted by the authority aforesaid, That any vacancies that may occur from any cause in the office of mayor and councilmen shall be filled by the appointment by the remaining members of the council, or by the council in case the vacancy is in the office of mayor

Page 1399

from the citizens of the town of Middleton who are eligible under this charter to hold said office. Vacancies. Sec. 10. Be it further enacted by the authority aforesaid, That the mayor of the town shall receive such compensation for his services as may be fixed by the council, which shall not be increased or diminished during his term of office. Salaries. Sec. 11. Be it further enacted by the authority aforesaid, That said council and mayor shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the government, peace, order and health of said town; and have the enforcement of all powers herein granted provided that they are not repugnant to the laws of the State of Georgia or of the United States. Corporate powers. Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to levy a tax not to exceed one-half of one per cent. on all property, real or personal, subject to the taxation by the laws of the State of Georgia within the corporate limits of said town, for the purpose of paying the expenses of said town government; they shall also have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe. Taxation. Sec. 13. Be it further enacted by the authority aforesaid, That whenever any thing for which State license is required shall be done within said town, the mayor and council may require a town license therefor and may impose

Page 1400

a tax thereon for the use of the town. They shall have the power to license and regulate the managements of hotels, private boarding houses, livery stables, private and public transportation through the town, and in addition to the ad valorem tax provided for by law, to levy a tax on billiard tables, ten-pin or nine-pin alleys and tables, and alleys of any kind used for the purpose of playing or with balls or pins, or both, within said town, on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a reel or wheel, or by using any other artifice or contrivance. They shall also have the power to tax all shows taxed by the laws of the State, which may exhibit within said town, and said mayor and council shall have the full power to pass all ordinances necessary to carry into effect the provisions of this Section. License tax. Sec. 14. Be it further enacted by the authority aforesaid, That there shall be a lien on all personal property and real estate within said town for all town taxes assessed thereon and for all fines and penalties assessed may be imposed upon the owners thereof by the authorities of said town from the time the same are assessed which shall have priority over all other liens except for taxes due the State and county and may be enforced in the same manner as now prescribed by law for the enforcement of the liens for county and State taxes, or in such manner as the mayor and council by ordinances may prescribe. Liens for taxes. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law or regulations of said town by fine, imprisonment or work on the streets of said town,

Page 1401

one or more of said punishments; provided , said fine shall not exceed fifty dollars, and said imprisonment or time of labor shall not exceed thirty days. Arrests, etc. Sec. 16. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to elect a mayor pro tem . from among the councilmen elected for said town who shall perform all the duties and exercise all the powers of the mayor when from any cause the mayor-elect cannot be present to perform the duties of the office. Mayor pro tem. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide by ordinance for the collection of all taxes, monies and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Collection of taxes, etc. Sec. 18. Be it further enacted by the authority aforesaid, That the mayor shall have the power to try, sentence and punish all offenders against the law of said town; to compel attendance of each witness and to administer oaths, to admit any offender to bail or to commit to the guard house or county jail. Mayor's court. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer thereof; he shall see that all orders, by-laws, ordinances, Acts and resolutions of the mayor and council are faithfully executed; he shall be an ex-officio Justice of the Peace in said town and shall exercise all the powers invested by law in a Justice of the Peace in reference to the penal laws; he may appoint a special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue all executions for fines, penalties

Page 1402

and costs imposed by him as well as for execution for taxes due after the time has expired by ordinance at which they should be paid. Mayor, powers of. Sec. 20. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right to provide for the annual return of property both real and personal for taxes by the citizens and tax payers of said town and shall have the right to supervise all the returns thus made and fix a just valuation on all such property subject to taxation in said town; revise said returns and double tax all persons failing or refusing to make return of their property as aforesaid. Tax returns. Sec. 21. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to issue bonds for public improvements in said town, subject to limitations and regulations in such cases provided by general law of the State of Georgia. Municipal bonds. Sec. 22. Be it further enacted by the authority aforesaid, That the mayor and council upon the petition of the majority of the qualified voters of said town may order an election and submit to the qualified voters of said town the question of establishing a system of public schools for the town of Middleton, and if upon the holding of said election after twenty days advertisement at three public places in said town and the official organ of Elbert county should a majority of the qualified voters in said town vote for the establishment of a public school system, then the said mayor and council may declare a system of public schools established for said town and said mayor and council shall have the power to devise, design and adopt a system of public instruction in said town under said election and shall have

Page 1403

exclusive jurisdiction of all schools established under said system, and shall be authorized to modify the same from time to time as circumstances may require, to appoint, remove, or support teachers in said schools in their discretion, to fix salaries for such teachers; to prescribe a curriculum in said schools; to make such by-laws, rules and regulations for the government and control of such schools as they may think proper; and they are hereby empowered upon the adoption of said schools upon the property of in said town returned for taxation as said mayor and council may deem proper not to exceed one-half of one per cent.; provided, however , that no election under this charter can be ordered by said mayor and council upon the petition of the citizens as herein set forth prior to the first day of October, 1913. Public schools. Sec. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council to prepare and furnish the State School Commissioner each year after said school system shall be adopted, a list of all the children of school age within the corporate limits of said town and the said school commissioner shall pay over to said mayor and council such proportion of said educational funds as said town is entitled to under the general law. Pro rata share of State school fund. Sec. 24. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power of eminent domain to condemn property and to lay out streets, alleys, and public highways within the corporate limits of said town of Middleton, and in the improvements of streets and erection of sidewalks the adjoining property owners shall bear one-half the expenses. The same to be enforcible in the same manner that assessment for taxes may be enforced. Power of condemnation.

Page 1404

Sec. 25. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. MOLENA, CHARTER AMENDED. No. 170. An Act to amend an Act to incorporate the city of Molena, in Pike county, Georgia, approved August 23, 1905, so as to empower the mayor and aldermen of said city to levy and collect an ad valorem tax upon all the property in said city, both real and personal, not to exceed three-fourths ([UNK]) of one per cent., and further to empower said mayor and aldermen with additional authority to collect the commutation or street tax for said city and the proper enforcement of such ordinances as may be enacted touching said street tax; and further empower said mayor and aldermen with authority to prohibit any person, firm or corporation from storing or keeping for illegal purposes in said city any wines, beer, malt, alcoholic or intoxicating drinks of any description. Section 1. Be it enacted, and it is hereby enacted by the General Assembly of Georgia, That from and after the passage of this Act the above recited Act of August 23, 1905, be amended as follows: Section 4 of said Act of August 23, 1905, is amended by striking the words one-half in the seventeenth line of said Section and substituting in lieu thereof the words three-fourths, and by adding to said Section the following words: Any person failing

Page 1405

to work when required and failing to pay said commutation tax shall be punished when convicted in the mayor's court as may be prescribed by the ordinances of said city, and said mayor and aldermen shall have the power to organize a chaingang and confine at hard labor therein persons convicted of violating any of the ordinances of said city, so that said Section as amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That the mayor and in his absence the mayor pro tem. , have jurisdiction to try and determine all cases made against any and all persons for a violation of any of the city ordinances or police regulations and to impose fines not to exceed the sum of one hundred dollars or to sentence to the city prison or to work on the streets of the city not to exceed thirty days, either one or both of these in the discretion of the court. They may forfeit bonds and attach for contempt of the court, compel the attendance of witnesses and the production of books, papers, etc., and shall have all such other and further power as may be necessary to carry into full force and effect this charter. They shall have power to issue a license to and collect from all persons, firms or corporations following, carrying on or engaging in any profession, trade, business, calling or avocation, in the city a special tax not to exceed fifteen dollars. The mayor and aldermen shall have power to levy and collect an ad valorem tax not to exceed three-fourths ([UNK]) of one per cent. upon all property, both real and personal, in said city and to compel each male citizen between the ages of sixteen and fifty years to work upon the streets as many days as they deem necessary, or in default thereof to pay such commutation tax as they may require. Any person failing to work when required and failing to pay said commutation tax shall be punished when convicted in the mayor's court as may be prescribed by the ordinances of said city. And said

Page 1406

mayor and aldermen shall have the power to organize a chaingang and confine at hard labor therein on the streets of said city persons convicted of violating any of the ordinances of said city. Molena, town of: Street tax. Chaingang. Sec. 2. Be it further enacted, That said Act of August 23, 1905, be amended as follows: That the mayor and aldermen of said city are hereby expressly authorized to pass any ordinances prohibiting the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes in said city and that the mayor upon the complaint supported by oath of any citizen of said town setting forth in writing that to the best of his knowledge and belief that wines, beer, malt or alcoholic or intoxicating liquors are stored or kept for the purpose or with the intent of selling or otherwise illegally disposing of the same in a certain described place within the corporate limits of said city, shall thereupon issue a search warrant directed to the marshal of said city commanding him to enter the suspected place, search for the described wines, beer, malt, alcoholic, or other intoxicating liquors and seize them upon discovery. That the officer shall hold the goods in his custody and make return of his actings and doings upon the warrant to the mayor, who shall immediately prepare a written notice which shall be served by the marshal upon the person appearing to have said liquors in his custody or control, or if no one appears to be in immediate control of the same, upon the person who seems to have control of the building or the place where same were found calling upon him to appear and defend. Said notice shall set forth the time and place when and where the hearing shall be had on said warrant to determine whether the law has been violated by the storing or keeping of said wine, beer, malt, alcoholic or intoxicating liquors, and if the

Page 1407

mayor should so find said liquors shall be destroyed by the marshal after the lapse of thirty days from the date of the finding, unless proper steps are taken in that time to have such finding reviewed by a higher court. Blind tigers. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. MONROE, CHARTER AMENDED. No. 10. An Act to amend the charter of the city of Monroe, found in Acts of the General Assembly of Georgia of 1896, pages 212 to 225 inclusive, and other Acts amendatory thereof, so that the mayor and council will have authority to fix the mayor's salary at a sum not to exceed $500.00 per annum; to amend the provision for investment by the bond commission of the funds coming into their hands from the sources mentioned in the amendatory Act creating the bond commission; also to provide for the disposition of the interest accruing from such invested funds, or from bonds held by the commission; and to amend the charter in other respects and for other purposes. Section 1. Be and it is hereby enacted by the General Assembly of Georgia, That Section 15 of the original charter of the city of Monroe, found in the Acts of the General Assembly of Georgia, 1896, page 216, and in the fifth line

Page 1408

thereof which reads as follows: provided , that the salary of the mayor shall in no year exceed the sum of $200.00, be and the same is hereby repealed and the following clause substituted, to-wit: Provided , that the salary of the mayor shall in no year exceed the sum of $500.00, so that said Section from the beginning down to the first period will read: Be it further enacted by the authority aforesaid, That the salaries of the mayor and councilmen shall be fixed by them at their first meeting after their election and shall be entered on their minutes, not to be changed during their term of office; provided , the salary of the mayor shall in no year exceed the sum of $500.00. Monroe, city of: Salary of mayor. Sec. 2. Be it further enacted, That sub-section 1 on page 1195, Acts of General Assembly of Georgia, 1909, creating a bond commission for the city of Monroe, be and the same is hereby repealed and in lieu of said sub-section 1 the following provision is hereby enacted and substituted, to-wit: That they may purchase any of the outstanding bonds of the city of Monroe, at their market value, just as they would purchase other bonds, holding them and collecting the interest due on them in the same manner. Such bonds shall be retired and cancelled at maturity in the following manner, to-wit: They shall be marked Paid, dated and signed by the members of said commission, and their chairman shall at the next meeting of the mayor and council, deliver them to that body, when said mayor and council shall require them to make an entry on their minutes showing the numbers, series, amounts and cancellation of such bonds, and said bonds shall be destroyed by said mayor and council by burning until they are entirely consumed. Cancellation and retirement of bonds. Sec. 3. Be it further enacted, That the interest accruing to said commission from investments in bonds, loans or

Page 1409

otherwise, shall, at least once a year, be appropriated to the payment of interest due by the city on outstanding bonds, and the mayor and council shall diminish the amount of the tax levy each year, for the payment of the interest on bonds, in the same amount so appropriated out of the invested funds interest. Interest on bonds. Sec. 4. Be it further enacted, That said Act of 1909, on page 1195, Section 1, be further amended by adding after the word service where it occurs in the 6th line on said page the words except that the chairman of said bond commission shall be allowed $25.00 extra compensation for clerical expenses, and it shall be his duty to attend to all correspondence and clerical work of the commission. Clerical expenses of bond commission. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911. MORELAND, TOWN OF, CHARTER AMENDED. No. 76. An Act to amend and supersede the Act incorporating the town of Moreland, in the county of Coweta, and State of Georgia; to create a new charter and municipal government for said town; to define the corporate limits thereof; and to declare the rights and powers of said corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

Page 1410

of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in and known as the town of Moreland, located in the county of Coweta, and State of Georgia, be, and they are, hereby incorporated under the name and style of town Moreland, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, assessments and hereditaments now belonging to or in any wise appertaining to said town of Moreland, as heretofore incorporated, shall be, and are, hereby vested in the town of Moreland created by this Act. And the said town of Moreland created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and board of aldermen such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as to said mayor and aldermen may seem best and which shall be consistent with the laws of the State of Georgia and the United States. And the said town of Moreland shall be able, in law, to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind or nature, within the limits or without the limits of said town, for corporate purposes. Said town of Moreland created by this Act is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of said town of Moreland heretofore incorporated. Moreland, town of,; reincorporated. Sec. 2. Be it further enacted, That the government of said town shall be vested in a mayor and four aldermen. The present mayor and aldermen of the town of Moreland shall continue in office until the expiration of the term for

Page 1411

which they were elected, and until their successors are elected and qualified; and they and their associates and successors shall have and exercise all rights, powers and duties hereby conferred on the mayor and aldermen of said town of Moreland created by this Act. Mayor and aldermen. Sec. 3. Be it further enacted, That the corporate limits of said town of Moreland shall extend one-half of a mile in every direction from the railroad depot in said town. Corporate limits. Sec. 4. Be it further enacted, That beginning with the year 1911. an election shall be held in said town annually, on the third Wednesday in December. That on the third Wednesday in December, 1911, and annually thereafter, a mayor and four aldermen shall be elected. The terms of office of said mayor and aldermen shall be one year, and until their successors are elected and qualified, and terms of office of said mayor and aldermen shall commence on the first Monday in January following said election. At the first regular meeting of the mayor and aldermen in each year they shall elect one of their number mayor pro tem ., whose term of office shall end with that of the mayor and aldermen so electing him. Elections for mayor and aldermen. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said town of Moreland shall be superintended and managed by a Justice of the Peace or some other judicial officer, and two freeholders who are citizens of said town, or by three freeholders, all of whom shall be citizens of said town, and each of said managers before entering upon his duties shall take and subscribe before some Justice of the Peace or other officer qualified to administer an oath,

Page 1412

or before each other, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the town council chamber, or other suitable place designated by the mayor, in said town, and the voting shall be by ballot. The polls shall open at one o'clock P. M. and close at six o'clock P. M. The persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and aldermen. Elections, how held. Sec. 6. Be it further enacted, That said managers shall certify two lists of voters and two tally sheets, and shall place one of said tally sheets and one of said lists of voters in the ballot box together with ballots, and seal the same, and shall forthwith deliver the same to the Ordinary of Coweta county, Georgia. The other tally sheets and list of voters, together with a certificate showing the result of the election, signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the clerk of said town, who shall safely keep the same, and at the first regular meeting of the mayor and aldermen occurring after said election, deliver said package to said mayor and aldermen, who shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. Lists of voters. Sec. 7. Be it further enacted, That all persons qualified to vote for members of the General Assembly in this State, and who shall have paid all taxes legally imposed and demanded

Page 1413

by the authorities of said town, and shall have resided in said town six months prior to the election at which they offer to vote, and shall have registered as hereinafter provided, shall be qualified to vote at any election provided for in this charter. Voters. Sec. 8. Be it further enacted, That no person shall be eligible to the office of mayor or alderman of said town unless he be of the age of twenty-one years, a citizen of the United States of America, and shall have resided in said town one year immediately preceding his election, and shall have registered as hereinafter provided, and shall have paid all taxes due to said town, and who is not a defaulter as to the payment of said taxes. Qualifications of mayor and aldermen. Sec. 9. Be it further enacted, That on the first Monday in January of each year the persons elected to the office of mayor and aldermen shall appear at the council chamber in said town, and take and subscribe before some judicial officer or the mayor of said town then in office, the following oath, to-wit I do solemnly swear that I will well and truly perform the duties of mayor (or aldermen, as the case may be) of the town of Moreland, to the best of my skill and ability, and as to me shall seem to the best interest and welfare of said town, without fear, favor or affection, so help me God. And shall forthwith enter upon the discharge of the duties of his office. Oath of mayor and aldermen. Sec. 10. Be it further enacted, That at the first regular meeting of the mayor and aldermen in January of each year they shall elect a town clerk and treasurer, (the office of town clerk and treasurer to be filled by one and the same individual), a marshal, and as many policemen as in the judgment of said mayor and aldermen may be necessry. Each of said officers shall take such oaths, give such bonds,

Page 1414

receive such salaries, and perform such duties as the mayor and aldermen may, by ordinance, prescribe. Officers. Sec. 11. Be it further enacted, That it shall be the duty of the marshal of said town to levy all executions in favor of said town, and advertise and sell the property levied on in accordance with the law governing Sheriff's sales in this State. He shall have the same power to place the purchaser in possession as Sheriffs of this State have. That no person shall be eligible to the office of clerk and treasurer who shall not have resided in said town at least 12 months immediately preceding his election or appointment. Marshal, duties of Sec. 12. Be it further enacted, That the mayor of said town of Moreland shall be the chief executive of said town. He shall preside at all meetings of mayor and aldermen of said town, see that all laws, ordinances, rules and resolutions of said town are faithfully and fully executed and enforced, and that all officers of said town faithfully discharge the duties required of them. He shall have general jurisdiction of the affairs of said town. He shall have the right to vote in all elections and upon all questions which may come before said mayor and aldermen, except upon questions where he is disqualified by reason of interest, or otherwise. Mayor, powers of. Sec. 13. Be it further enacted, That there shall be a mayor's court in said town for the trial of all offenders against or persons charged with a violation of the laws and ordinances of said town, to be held by the mayor in the council chamber or other place designated by the mayor in said town as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of both

Page 1415

the mayor and mayor pro tem. , any one of the aldermen may hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars, one or both. Said mayor shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said town for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined and imprisoned in the guard house, calaboose, or other place of confinement in said town, not exceeding ninety days, either one or all of said penalties may be imposed in the discretion of the mayor. Mayor's court. Sec. 14. Be it further enacted, That for the purpose of raising revenue for the support of the town government, the said mayor and aldermen of said town shall have full power and authority, and shall prescribe, by ordinance, for the assessment, levy and collection of an annual ad valorem tax on all real and personal property within the corporate limits of said town, which is subject to be taxed by the State, said tax not to exceed one-half () of one per cent. (%) upon the value of said property for ordinary current expenses, said taxes to become due and collectable at such time as said mayor and aldermen may fix. Ad valorem tax. Sec. 15. Be it further enacted, That any person owning or holding any property within the limits of said town on the first day of April in each year, after the approval of this Act, shall return the same for taxation, under oath, at any time on and from the first day of April and until the first day of June of each year, to the town clerk of said town for taxation. Tax returns.

Page 1416

Sec. 16. Be it further enacted, That the mayor and aldermen of said town shall have power to require every male inhabitant of said town between the ages of twenty-one and fifty years to work such length of time each year on the streets of said town as said mayor and aldermen shall direct by ordinance, in no case to exceed ten days for one year. Said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and aldermen shall fix by ordinance and which tax shall in no event exceed five dollars for any one year. Said work to be done and said commutation tax to be paid at such time as said mayor and aldermen may direct. Any person subject to work on said streets who shall fail to work or to pay said commutation tax, after being properly notified, may be punished as prescribed in Section 13 of this Act. Street tax. Sec. 17. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to license, regulate and control all opera houses, livery stables, hacks, drays and other vehicles used for hire; vendue masters, auctioneers, itinerant traders, theatrical performances, shows, circuses, and exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kind, itinerant dealers in jewelry or medicines, and all other traveling or itinerant venders of articles, wares or merchandise, except such as are excepted and exempted by the laws of this State; every keeper of a billiard, pool or bagatelle table kept for public use or game; every keeper of a shooting gallery, ten-pin alley, and the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, cards, dice, rings, or other contrivances; also any person running a flying jenny or flying horses, bicycle, velocipede

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or skating rink; all solicitors or canvassers selling goods, wares or merchandise by sample, at retail or to consumers, and all other establishments, businesses, callings, enterprises, or vocations, and which may not be exempt from license or taxation under the Constitution and laws of this State; also to levy and collect a business or occupation tax or license on any and all kinds of businesses, callings or occupations carried on and conducted in said town. License tax. Sec. 18. Be it further enacted, That said mayor and aldermen shall have full and complete control and authority over and of the streets, sidewalks, alleys and square of said town, and shall have full power and authority to condemn property for the purpose of opening, laying out, widening, straightening, or otherwise changing and improving the streets, alleys and squares of said town, and for said purposes to exercise the right of eminent domain, all under the laws and statutes of said State, and for such cases made and provided. Control of streets, etc. Sec. 19. Be it further enacted, That said mayor and aldermen shall have power and authority, and it shall be their duty, to fix the salaries of said mayor and aldermen, and of all other officers, agents, and employees of said town; provided , that the salary of the mayor shall not exceed two hundred dollars per annum, and the salary of aldermen shall not exceed ten dollars per annum, but it may be provided that said aldermen shall receive no salary whatever. Salaries. Sec. 20. Be it further enacted, That said mayor and aldermen shall have authority and power to pass any ordinance, not in conflict with the Constitution or laws of this State, or the United States, to regulate or prohibit the

Page 1418

storage, handling, or keeping on hand for sale wines, beer, malt, alcoholic or intoxicating liquors or other drinks or beverages of any kind within the corporate limits of said town, and to punish any person for violating any such law or ordinance, and the punishment to be in accordance with Section 13 of this Act. Intoxicants. Sec. 21. Be it further enacted, That if any vacancy should occur in the office of mayor or aldermen, such vacancy or vacancies shall be filled by the remaining aldermen and mayor, or remaining aldermen of said town. Vacancies. Sec. 22. Be it further enacted, That said mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out and define a fire district in said town, and enlarge, change or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, covered, repaired, or otherwise improved, how thick the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally, to do all such things as they may deem necessary to protect said town, so far as possible, from dangers of fire, and prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangement of chimneys, flues and stove pipes or the removal thereof, when in their judgment the same are dangerous or likely to become so, and make the owner of the premises pay the expenses of such changes, which may be collected as taxes are collected. And if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said town, said mayor and aldermen may order such buildings removed; and if such person, firm or corporation shall not remove such buildings after notice to do so, then

Page 1419

said mayor and aldermen shall have authority and power to remove the same at the expense of the owner, which expense may be collected as in the case of taxes, and by execution. Fire limits. Sec. 23. Be it further enacted, That said mayor and aldermen shall have power and authority to regulate and license all markets in said town; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep or other animals and fowls from going at large in said town; to protect places of divine worship and in about the premises where held; to abate or cause to be abated any and all nuisances; to regulate the keeping and sale of gun powder and other combustibles; to regulate the speed of automobile and other motor vehicles; to provide in and near said town places for the burial of the dead, and regulate interment therein; to provide for the drainage of lots in said town by proper drains, sewers and ditches; to make regulations for guarding against danger or damage by fire; to protect the person and property of the citizens of said town; to provide for the appointment of special policemen when needed; to discontinue the services of and discharge the secretary and treasurer, marshal, policeman, or other agent or employee of said town in the discretion of said mayor and aldermen. Police powers. Sec. 24. Be it further enacted, That said mayor and aldermen shall have power to provide by ordinance, rule or regulation for the transaction of any business that may come before them at any meeting, whether regular or called. Proceedings of council. Sec. 25. Be it further enacted, That said mayor and aldermen shall have power and authority, and are hereby

Page 1420

required, to appoint or elect tax assessors for said town, in accordance with the laws and statutes of said State in such cases made and provided. Tax assessors. Sec. 26. Be it further enacted, That said mayor and aldermen shall have authority and power to provide, by ordinance or otherwise, for the registration of voters prior to any and all municipal elections in said town; to make all needful laws and regulations for the same, and require that no person be permitted to vote unless registered, the town clerk of said town being, by this charter, made the registrar. Registration of voters. Sec. 27. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to enact, make and pass all by-laws, ordinances, rules and regulations for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens of said town, and any other by-law, rule, regulation and ordinance that they may deem proper for the security of the peace, health, tranquility, order and good government of said town. General welfare. Sec. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1911. MORRIS, TOWN OF, INCORPORATED. No. 286. An Act to incorporate the town of Morris, in county of Quitman; to define the corporate limits; to provide for

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a mayor and council and other officers of said town; to prescribe their duties and powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Morris, in the county of Quitman, be and is hereby incorporated under the name of the town of Morris. Morris, town of; incorporated. Sec. 2. Be it further enacted by the aforesaid authority, That the corporate limits of the said town of Morris shall be as follows: Commencing one-half mile east of depot on railroad track, going south to banks of Hollorea creek; thence west one mile following banks of said creek; thence north one mile; thence east one mile, thence south to starting point on railroad. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town of Morris shall be a mayor and five councilmen, with no salary, marshal and clerk to be elected by council, their salary and terms of office to be under jurisdiction of the mayor and council. The said mayor and councilmen hereby constitute the body corporate by the name of the town of Morris, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said town, and by said name shall always have perpetual succession. Mayor and councilmen. Sec. 4. Be it further enacted, That on the 1st Saturday of December, 1911, and annually thereafter on the same

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date and same month an election shall be held in said town for a mayor and councilmen thereof, said election to be under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. That J. W. Cumbie be and he is hereby selected and appointed mayor, J. E. Johnson, B. G. Davis, R. M. Fillingame, J. L. Cumbie, and J. B. Oliver are hereby selected and appointed councilmen of said town of Morris. Said mayor and councilmen to serve until their successors are elected and qualified. Said mayor and councilmen to take the usual oath before entering upon the discharge of their respective duties. Elections for mayor and councilmen. Sec. 5. Be it further enacted, That all persons who have been bona fide residents of said town for three months next preceding an election therein and who are qualified to vote for members of the General Assembly, shall be allowed to vote at any election held in said town. Voters. Sec. 6. Be it further enacted, That the mayor and councilmen and such officers of said town as hereinafter provided for shall after election or appointment to his office and before he shall enter upon the duties thereof, take and subscribe the following oath (which may be administered by any officer authorized by laws of Georgia to administer oaths): I do solemnly swear or affirm that I will faithfully discharge all duties incumbent upon me as mayor or councilmen or other officer of the town of Morris according to the best of my ability, so help me God. Said oath with the certificate of the officer administering the same shall be filed with the officer intrusted with the records of the town. Official oath. Sec. 7. Be it further enacted, That the mayor and councilmen shall have power and authority to elect such

Page 1423

marshals, clerks and other subordinate officers as may be deemed necessary for carrying on the powers herei granted and to prescribe the duties and compensation of such officers and require of them such bonds as they may deem necessary, payable to such town in its corporate name. Officers. Sec. 8. Be it further enacted, That the council of said town shall have power therein to lay off, close, open, and keep in good order and repair roads, streets and sidewalks for the use of the public or any citizen thereof, to prevent injury or annoyance to the public or individual from anything dangerous or unwholesome; to protect places of Divine worship in and about places where held; to abate anything which in the opinion of a majority of the whole council shall be a nuisance; to protect the property and persons of said town and prescribe the peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in discharge of his duty; to provide for the usual assessment of taxable property therein, which in no event shall be greater than one-fourth of one per cent. of the value of the taxable property; to adopt rules and regulations for the government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws, not contrary to the Constitution and laws of Georgia; to carry into effect foregoing and enumerate powers and all others conferred upon said town; and to this end may prescribe and impose and enact reasonable fines, penalties and imprisonment in the town prison, if there be one, for a term not exceeding twenty days. Corporate powers. Sec. 9. Be it further enacted, That the mayor of said town shall have authority to bind over or commit to jail offenders against any criminal law of Georgia, whenever in

Page 1424

the course of investigation before him a proper case therefor shall be made out by evidence. Commitments. Sec. 10. That said mayor and councilmen shall have power to elect mayor pro tem . who shall perform all duties of the mayor when for any cause he cannot be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or council or any subordinate officer of said town. Mayor pro tem. Sec. 11. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of council are faithfully executed; he shall have control of the police of said town and may appoint special police when he may deem it necessary. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require immediate payment thereof, and in default of such immediate payment he may imprison the offender as hereinbefore provided. Mayor, powers of. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. MOULTRIE, CHARTER AMENDED. No. 101. An Act to amend the charter of the city of Moultrie, to provide for the election of the clerk, marshal and recorder of said city, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act establishing a new charter for the city of Moultrie, in the county of Colquitt, approved November 20th, 1901, and the several Acts amendatory thereof, be and the same are hereby amended as follows, to-wit: Moultrie, city of: Section 1. That from and after the passage of the Act, Section four of this charter shall be amended as follows: After the word qualified at the end of said Section, the following shall be added, to-wit: On the first Monday in October, 1911, and biennially thereafter, there shall likewise be held an election for clerk, marshal and recorder who shall likewise serve two years, and until their successors are elected and qualified. So that when said Section is amended it shall read as follows: Be it further enacted, That on the first Monday in October, 1902, and biennially thereafter, there shall be held an election for three aldermen who shall serve two years and until their successors are elected and qualified, on the first Monday in October, 1911, and biennially thereafter, there shall likewise be held an election for clerk, marshal and recorder, who shall likewise serve two years and until their successors are elected and qualified. On the first Monday in October, 1903, and biennially thereafter there shall likewise be held an election for mayor and two aldermen who shall likewise serve two years and until their successors are elected and qualified. Elections. Sec. 2. Be it further enacted, That Section 10 be stricken and the following inserted in lieu thereof: Be it further enacted, That at the regular meeting of the mayor and aldermen after their election they shall elect a

Page 1426

treasurer; provided , that the clerk and treasurer may be the same person if thought advisable by the said mayor and aldermen. They may further elect a city attorney, city physician, superintendent of the water works and electric light plant, and such other officers as to them may seem necessary and proper. Each of such officers shall, before entering on the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by said mayor and aldermen. Such officers to receive such salary and give such bonds as the mayor and aldermen may prescribe. Election of aldermen, clerk and treasurer. Sec. 3. Be it further enacted, That Section 44 of said charter be stricken and the following added in lieu thereof: Be it further enacted that there shall be in said city a recorder, a marshal and clerk, which said officers shall be elected as provided in Section four of this Act. Each of such officers shall, before entering on the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the mayor and aldermen of said city. Such officers to receive such salary and give such bonds as the mayor and aldermen may prescribe. Recorder, marshal and clerk. Said recorder shall have the power to try all offenders against the penal ordinances of said city, and enforcing the penalties so prescribed. Said recorder shall have all the powers of trying offenders against the penal ordinances of said city as has heretofore been given to the mayor of said city as set forth in Section 13 of said charter. In the absence of said recorder or in case of his disqualification, the mayor or any one of the aldermen of said city may preside in his place, and when so presiding shall have all the powers, duties and rights as has the recorder of said city.

Page 1427

Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. NEWNAN, CHARTER AMENDED. No. 93. An Act to amend an Act entitled an Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8th, 1893, by striking the words three hundred, in line five of Section 19 of said Act, and inserting in lieu thereof the words five hundred, and also by striking the words twenty-five in line six of said Section 19 of said Act, and inserting in lieu thereof the words one hundred, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act, Section 19 of said Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, be amended by striking the words three hundred in line five of said Section 19, of said Act, and adding in lieu thereof the words five hundred, and that said Section 19 of said Act approved December 8, 1893, be further amended by striking the words twenty-five in line six of said Section 19, of said Act approved December 8, 1893, and adding in lieu thereof the words one hundred, so that the said Section 19 as amended shall read as follows: Section 19. Be

Page 1428

it further enacted, That said mayor and aldermen shall have power and authority and it shall be their duty to fix the salaries of said mayor and aldermen, and of all other officers, agents and employees of said city not hereinbefore mentioned and provided for; provided , that the salary of the said mayor shall not exceed five hundred dollars per annum, and the salary of aldermen shall not exceed one hundred dollars each per annum; provided, however , that this Act shall not be of force as law, until same shall have been submitted to and ratified by a majority of the qualified voters of the city of Newnan, within sixty days from the passage of this Act, said election to be held as now provided by law. Newnan, city of: Salaries. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 17, 1911. NEWNAN, CHARTER AMENDED. No. 115. An Act to amend an Act entitled an Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, by striking the words thirty days in line twelve of Section 13 of said Act, approved December 8, 1893, and inserting in lieu thereof the words five months, and also by striking the word one in line twelve of said Section 13 of said Act approved December 8, 1893, and inserting in lieu thereof the word five, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by the same, That from and after the passage of this Act Section 13 of said Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, be, and the same is, hereby amended by striking the words thirty days in line twelve of said Section 13 of said Act approved December 8, 1893, and inserting in lieu thereof the words five months, and that said Section 13 of said Act approved December 8, 1893, be further amended by striking the word one in line twelve of said Section 13 of said Act approved December 8, 1893, and adding in lieu thereof the word five, so that said Section 13 of said Act approved December 8, 1893, as amended, shall read as follows: Newnan, city of: Section 13. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor in the council chamber of said city as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of both the mayor and mayor pro tem. , any one of the aldermen may hold said court. Mayor's court. Said court shall have the power to preserve order and compel attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars, one or both. Said mayor shall have full power and authority upon conviction, to sentence any offender to labor upon the streets or other public works in said city for a period not exceeding five (5) months, or to impose a fine not exceeding five hundred dollars, or to sentence said offender to be confined and imprisoned in the guard house or other place of confinement in said city for a period not

Page 1430

exceeding ninety days, either one or more of said penalties may be imposed, in the discretion of said mayor; provided, however , that this Act shall not be of force as law, until the same shall have been submitted to and ratified by a majority of the qualified voters of the city of Newnan, within sixty days from the passage of this Act, said election to be held as now provided by law. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this law be, and the same is, hereby repealed. Approved August 17, 1911. NEWNAN, CITY OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 201. An Act to amend an Act entitled An Act to establish a system of public schools in the city of Newnan, Ga., and to provide for the maintenance and support of the same; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building school houses, and for other purposes, after submitting the same to the qualified voters of the city of Newnan, approved December 26th, 1886, by striking all of Section three (3) of said Act and adding in lieu thereof, that from and after January 1st, 1912, the present board of education holding office under and by virtue of election under the provisions of Section three (3) of said Act of 1886, be abolished; to create a new board of education in and for said city to consist of five members

Page 1431

only, to provide for their election, to prescribe their term of office, to prescribe how vacancies shall be filled, to confer upon the new board of education, created by this Act, the same rights, powers and duties vested in the board of education by the unamended provisions of the said Act approved December 26th, 1886, and all Acts amendatory of said Act 1886, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to establish a system of public schools in the city of Newnan, Ga., and to provide for the maintenance and support of the same, to provide for the issuance of bonds of said city for the purpose of purchasing school property, building school houses, and for other purposes, after submitting the same to the qualified voters of said city of Newnan, approved December 26th, 1886, be and the same is hereby amended by striking all of Section three (3) of said Act of 1886 and substituting in lieu thereof that from and after January 1st, 1912, the present board of education of the city of Newnan, holding office by virtue of election to the office of member of the board of education for said city under the provisions of Section three (3) of said Act of 1886, and the Acts amendatory thereof be, and after January 1st, 1912, abolished. Newnan, city of: Board of education abolished. That a new board of education for the city of Newnan, to consist of five members, is hereby created. At the regular annual election for the election of mayor and Aldermen for said city of Newnan, to be held in said city in December, 1911, five citizens of said city shall be elected as members of the board of education created under this Act, and when so elected shall constitute the board of education in and for the city of Newnan. Two of the members of the board

Page 1432

of education elected in December, 1911, shall hold office for a term of three years, two of said members shall hold office for two years, and one member shall hold office for one year, and until their successors are elected and qualified. After the election for members of the board of education, in said city, in the year 1911, and thereafter one and two members of said board of education shall be elected alternately and annually, according to the expiration of the term or terms of office of the said members, at the same time the aldermen or mayor and aldermen, of said city, are elected, and when so elected, after the said election of December, 1911, they shall hold office for a term of three years each and until their successors are elected and qualified. After the result of the said election in December, 1911, is declared, by the proper authorities, the citizens declared to be elected as members of the board of education for said city shall meet as soon as practical, and not later than the first day of January, 1912, and organize. At said meeting they shall elect such officers, and make such rules for their own government as they deem necessary, but shall not begin to discharge the duties of their respective offices as members of said board of education, or as a board of education until January 1st, 1912. After organizing as aforesaid, the said members of the said board of education shall cast lots and determine which two members of said board of education shall hold office for a term of three years, which two members shall hold office for a term of two years, and which member shall hold office for a term of one year. The election to fill vacancies in the said board of education occurring annually by expiration of terms or term shall be held annually on the same day that the municipal election, for the election of aldermen or mayor and aldermen for said city of Newnan is held, and at the same time and place, subject to the same regulations and by the same managers as said

Page 1433

municipal election of aldermen or of mayor and aldermen of said city is held, and those receiving the highest number of votes shall be elected members of said board of education. All vacancies occurring otherwise than by expiration of term or terms shall be filled by the remaining members of the board, consistent with the terms of this Act, and these selected by the board to fill an unexpired term shall hold office for the balance of the unexpired term only. To the new board of education, for the city of Newnan, created by this Act, and to be elected in December, 1911, is hereby given all the rights, powers and duties vested in the board of education created under the provisions of the said Act of 1886, and all Acts amendatory thereof; provided, however , that this Act shall not be of force as law until same shall have been submitted to and ratified by a majority of the qualified voters of the city of Newnan within 60 days from the passage of this Act said election to be held as now provided by law. New board created. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 19, 1911. OBE, TOWN OF, CHARTER AMENDED. No. 140. An Act to amend An Act to incorporate what has heretofore been the village of Obe, in the county of Colquitt, into the town of Norman Park, and provide a charter therefor, and for other purposes, approved December 6, 1902.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be amended by striking the word fifty cents in the ninth line of Section 6, and inserting in lieu thereof the words one dollar, and also by striking the words twenty-five cents, in line eleven of said Section and inserting in lieu thereof the words one dollar, so that said Section when so amended, shall read as follows: Section 6. The mayor and aldermen shall have power to abate nuisance, tax itinerant shows, venders and the like, to issue special taxes and licenses for all classes of businesses or occupations as in their discretion they may see fit, according to the terms of this charter; and to pass all ordinances for the benefit and good government of said town of Norman Park as they may deem proper, not inconsistent herewith; they shall have the right to levy an ad valorem tax for general purposes on all the property in said town, both real and personal, and not exceeding on dollar on the hundred dollars. In addition to this, they may levy and collect for school purposes, a tax of one dollar on the hundred dollars, which shall be used exclusively for school purposes, according to the laws of force in this State. Norman Park, town of: Taxation. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 18, 1911. ODUM, CITY OF, INCORPORATED. No. 223. An Act to incorporate the city of Odum, in the county of Wayne, and State of Georgia; to define its corporate

Page 1435

limits; to provide a charter therefor; to provide a municipal government for said city; to confer certain powers and privileges on the same; to name the mayor and councilmen of said city, and to provide for the election of same, and provide a public school; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory hereinafter described be, and they are, hereby incorporated under the name and style of the city of Odum, and by that name shall be hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and the said city of Odum, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and council may seem best, and which shall be consistent with the laws of the State of Georgia, and the United States. And the said city of Odum shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments, of what kind or nature soever, within the limits of said city for corporate purposes. Odum, city of; incorporated. Sec. 2. Be it further enacted, That the government of said city shall be vested in a mayor and five councilmen. The following shall compose the mayor and councilmen of said city: J. M. Bloodworth, Mayor; J. T. Calvin, J. A.

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McLaughlin, L. E. O'Quinn, W. J. O'Quinn, W. H. Aspinwall, councilmen, who shall hold office until the next regular election and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights and powers given by this Act. Mayor and councilmen appointed. Sec. 3. Be it enacted, That the corporate limits of said town shall extend three-fourths of a mile in every direction, except as herein otherwise specified; from a point on the line of the Southern Railway in said county, where the Waresboro and Beard's Bluff public wagon road intersects; exception being made that the swamps of Satilla creek be made the boundary on the south, southwest and west in part, a more definite and corporate description of the proposed boundaries being as follows: Commencing at said center point where the Waresboro and Beard's Bluff public wagon road intersects the Southern Railway, and extending eastwardly, parallel to said Southern Railway, for a distance of three-fourths of a mile; thence at right angles with said Southern Railway three-fourths of a mile; thence very nearly west parallel with said Southern Railway to the edge of Satilla creek swamp; thence along the wanderings of said swamp to a point where said creek passes under the Southern Railway; thence at right angles with said Southern Railway for a distance of three-fourths of a mile; thence parallel with said Southern Railway to a point opposite the terminus of the first described line; thence in a southerly direction for three-fourths mile said Southern Railway at the point of commencement, power being hereby given the corporate authorities of said city to modify, alter, change and rectify said corporate limits. Corporate limits. Sec. 4. Be it further enacted, That on the third Wednesday of January in each year hereafter, there shall be

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elected a mayor and five councilmen whose terms of office shall be for one year and until successors are elected and qualified. In case of a vacancy from any cause, the remaining members and the mayor shall have the power and authority to elect a councilman such election must be within themselves who shall hold such unexpired term of office at a regular meeting of the council, and the mayor shall not have the right to vote in said election, only in case of a tie, then the mayor's vote shall be cast for the purpose of electing the said councilman. The said mayor and councilmen shall have authority to adopt the necessary ordinances providing for all rules and regulations to govern the calling and ruling elections, governing registration, voting, declaring the result, filing and hearing contests, and all other matters connected wherewith. A mayor pro tem. shall be elected by the mayor and council, who shall discharge the duties of the mayor in his absence, disqualification, or inability to act. Elections of mayor and councilmen. Sec. 5. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said city six months prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter. Voters. Sec. 6. Be it further enacted, That no person shall be eligible to the office of mayor or councilman of said city unless he shall have resided in said city one year immediately preceding his election, and shall be qualified voter in municipal elections for officers of said city and entitled to register under the registration laws of force in said city. Qualifications of mayor and councilmen.

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Sec. 7. Be it further enacted, That on the Monday following the second Wednesday in each year the persons elected to the offices of mayor and councilmen, or the office of councilmen, shall appear at the council chamber in said city and take and subscribe before some judicial officer, or the mayor of said city, then in office, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (of councilman, as the case may be), of the city of Odum, to the best of my skill and ability, and as to me shall seem to the best interest of said city, without fear, favor or affection, so help me God. And they shall forthwith enter upon the discharge of the duties of their office. The mayor and councilmen herein named shall take said oath and enter upon their duties immediately upon the passage of this Act. Oath of mayor and councilmen. Sec. 8. Be it further enacted, That at the first regular meeting of the mayor and council of said city, after their election and qualification, they shall elect a city clerk, treasurer, tax receiver, tax collector and clerk of the mayor's court of said city of Odum; a marshal, chief of police, if they deem it necessary, and as many policemen as in the judgment of said mayor and council may be necessary; and such other officers as the mayor and council may deem necessary in the government of said city. Each of said officers shall take such oaths, perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided , that all bonds of officers shall be made payable to the city of Odum. Said mayor and council shall have power and authority, and it shall be their duty, to fix salaries or compensation of said mayor and councilmen, and all other officers, agents, and employers of said city, which when once fixed shall not be diminished or increased during the term of office for which determined. All officers of said

Page 1439

city shall hold their offices at the pleasure of the mayor and council. All expenditures of the mayor and council, and the compensations of the city officers, shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the mayor, or in his absence, by the mayor pro tem . Officers. Sec. 9. The mayor or mayor pro tem . and three councilmen shall constitute a quorum. The councilmen shall each have a vote on all questions, and in case of a tie, the mayor shall cast the deciding vote. Regular meetings shall be held at such times and places as the mayor and council shall determine, and called meetings whenever the business of the city shall demand. Quorum of council, etc. Sec. 10. Be it further enacted, That the mayor and each member of the city council shall be an ex-officio Justice of the Peace, so far as to enable any one of them to issue warrants for offences committed within the corporate limits of the city of Odum, to suppress riots or breaches of the peace, to arrest, confine, commit or bind over offenders against the laws of this State to answer for such offences before the proper tribunal. If, in the investigation of any case before the mayor of said city, or acting mayor, or council, when sitting on appeal, if it should appear that the penal laws of the State have been violated, it shall be the duty of said mayor, acting mayor, or council, as the case may be, to bind over the offender to answer for such offence to the proper tribunal to try the case. Ex-officio Justice of the Peace. Sec. 11. Be it further enacted, That the marshal of said city of Odum shall be empowered to levy all executions in favor of said city, and all executions issued by authority of said mayor and council, whether for ad valorem , business

Page 1440

tax, assessment, or any other taxes, or for fines, or any other claims or demands of said city, shall be directed as hereinafter described, and the marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and to make all deeds where sales are made under executions. The marshal of said city shall have the same authority to place purchasers at marshal's sales in possession as sheriffs of this State have, and deeds to the real estate sold by the marshal under execution shall have the same force and effect, and shall be admitted in evidence, as are sheriff's deeds in this State. The marshal of said city shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the mayor and council of the city of Odum. Authority and duties of marshal. Sec. 12. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem . shall hold said court, and in the absence or disqualification of the mayor and mayor pro tem ., any one of the councilmen chosen by the council may hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment, not exceeding thirty days, in the jail of Wayne county, or in the city prison in the city of Odum, or by a fine not exceeding fifty dollars, or in lieu thereof by working on the streets or public works of said city not exceeding thirty days, one or all of said penalties, and said fine may be collected by execution, to be issued by the city clerk against the estate of the offenders, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public works, as before provided.

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Said mayor's court of Odum shall have power to impose the following penalties for violation in any place in said city, public or private, or any ordinance of the city, passed in accordance with its charter; that is to say, fines not exceeding five hundred dollars, imprisonment in jail of Wayne county, or city prison of Odum, not exceeding six months, or work on the streets or other public works of said city for a term not exceeding six months, and any one or more, or all, of these punishments, in the discretion of the court, imprisonment or work on the streets, or other public works of said city, may be imposed as an alternative for non-payment of fines imposed within the time fixed by the court, or imprisonment or work on the streets or other public works of the city may be imposed in the first instance without any fine. Fines imposed as provided for in this Section may be collected by execution, to be issued by the city clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or other works, as provided in this Section. The city clerk and marshal are hereby constituted officers of said court, and shall be entitled to receive for their services in the trial of causes such fees and costs to be collected from the defendant on conviction, or from the losing party, as may be established by the mayor and council, such fees and costs to be paid into the city treasury. Mayor's court. Sec. 13. Be it further enacted, That the mayor and council of Odum shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the courts of said city to work upon the streets or other public works of said city, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline or

Page 1442

control of such work gangs, and to enforce the same through its proper officers. Work gangs. Sec. 14. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city, lawfully appointed, to arrest without warrant any and all persons, within the corporate limits of said city who are, at the time of said arrest or who before that time have been guilty within said limits of the violation of any of the ordinances of said city, and to hold said persons so arrested until a hearing of the matter before the proper officer can be had, and to this end, said arresting officers are authorized to imprison and to confine any person arrested by them in the city prison or the jail of Wayne county, for a reasonable length of time. The marshal and policeman of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. Arrests. Sec. 15. Be it further enacted, That the marshal or any policeman of said city shall release any person arrested within the corporate limits of this city upon said person giving a bond, to be approved by the marshal or the mayor of said city of Odum, conditioned to pay the obliger in said bond an amount fixed by the marshal or mayor of said city, in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time till the said person arrested is tried for the offense for which he or she was arrested. And should such person fail to appear at the time and place fixed and recited in the bond, said bond may be forfeited before the mayor's court of the said city of Odum, said mayor and council shall have authority to compel

Page 1443

the attendance of witnesses by imprisonment, if necessary, and to take bonds to secure their attendance, and to take and receive of parties such bonds as may be necessary to secure their attendance or compliance with the orders or sentence of the court, and forfeit said bond before the mayor's court and to pass ordinances to carry these provisions into effect. Appearance bonds. Sec. 16. Be it further enacted, That any person convicted before the mayor, mayor pro tem ., or any member of the city council sitting as a court, for any violation of the laws or ordinances of said city, may enter an appeal from the judgment of said court to the council of said city; provided , the appeal be entered within twenty-four hours after the judgment is pronounced; and provided , all costs are first paid and bond given to abide the final judgment in this case. The council of said city, on the hearing of any appeal case, shall have the power to increase or decrease the fine imposed by the mayor as they may think right and proper; the defendant may enter his appeal without paying cost by making an affidavit of his poverty, but must give a bond. Appeals from mayor's court. Sec. 17. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government the mayor and council of said city shall have full power and authority, and shall provide by ordinance, for the assessment and collection of an ad valorem tax on real and personal property within the corporate limits of said city, which is subject to be taxed by the State, said tax not to exceed one-half of one per cent. upon the value of said property, for ordinary current expenses. In addition to the ordinary tax herein allowed, the mayor and council may, in case of emergency, to be judged by them, levy an

Page 1444

additional tax, when the same shall have been authorized by a vote of two-thirds of the legal voters of said city, not exceeding one-half of one per cent. on the taxable property of said city, the said additional tax to be added to the ordinary tax and collected at the same time and used for the same purposes. In addition to the taxes for ordinary current expenses herein allowed, the mayor and council may levy an extraordinary tax not exceeding one-half of one per cent. on the taxable property of said city, to be used only for educational purposes, for paving or macadamizing the streets, or for paying the principal and interest of the public debt. Taxation. Sec. 18. Be it further enacted, That any person owning or holding property of any kind in any capacity within the corporate limits of said city, on the first Wednesday in May in each year after the passage of this Act, shall return the same for taxation under oath at any time from and after the first Wednesday in May and until the first Wednesday in July of each year, to the city clerk or other officer authorized to receive tax returns for said city. The mayor and council of said city shall prepare, or cause to be prepared, a blank form or schedule, for the return of all taxable property with appropriate blanks and lines for property of every kind and description subject to taxation under the laws of this State, and each tax payer and property owner in said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said tax payer, of every kind and description, both real and personal, printed on said blank form shall be the following oath, which the person making the return must take and subscribe in the presence of the city clerk, or other officer authorized by the mayor and council to receive tax returns for said city, to-wit: I do solemnly swear that the above and foregoing

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is a true and correct return of all the property, real or personal, on the day of..... (the day determined by the mayor and council for the valuation of property for tax returns) subject to taxation in the city of Odum, so help me God. And said oath shall be signed by the person making said tax returns and attested by the officer receiving the said returns. Said tax returns shall be by the city clerk or other officer receiving the same, placed before the city tax assessors hereinafter provided for, when they meet to make their assessments. Said mayor and council shall have full power and authority to fix by ordinance the day in each year on which property shall be valued for taxation. Tax returns. Sec. 19. Be it further enacted, That the said mayor and council shall, at their first meeting in May of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters in said city and owners of real estate therein, as city tax assessors, whose term of office shall be one year. Said city tax assessors may at any time be removed from office by the mayor and council for good and sufficient cause, to be judged by the said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the valuation of personal property thereon when, in their judgment, the value placed thereon by the tax payer is too small. The mayor and council shal have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make return of these assessments made by them to said mayor and council each year sixty days before the time for collecting taxes. When said return is

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made, said mayor and council shall appoint a time and place for hearing objections to the assessments, said objections to be heard by the mayor and council, of which public notice shall be given as may be prescribed by ordinances, and the clerk of said city shall give each owner of property whose tax returns of personalty has been increased at least ten days notice of such hearing, stating therein the amount of such increases. If the property has been given in by the agent, notice to such agent shall be sufficient. If the owner is not a resident of the city and has no known agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have power and authority to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. The city assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. Said city tax assessors shall have power to require said tax payers to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments when in their opinion their production is necessary for a correct assessment. All assessment for taxes made by said assessors shall become final if no objection is made on or before the time set for hearing objections by the said mayor and council, notice such as the mayor and council may by ordinance prescribe having been given of such hearing; and if objections are made at said hearing to any assessment, the decision of said mayor and council, after hearing evidence, shall be final, the mayor and council on the hearing of objections may increase or decrease the assessment as made by assessors. Tax assesors. Sec. 20. Be it further enacted, That in case any property shall be subject to taxation was not assessed, if realty,

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by the tax assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected thereon, in any year then passed, the city assessors may, at any time, assess said property for the said year or years, and double tax it if there has been a failure to return it as required by law, and if the mayor and council shall have provided for double taxing of defaulters, and execution shall then issue therefor, as in other cases, at the rates for the several years in which no taxes were paid. This Section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. And assessments may be made and executions issued thereunder, as well as for years prior to the passage of this Act, as thereafter, and in case assessment has been made for any year or years, or shall be so made, and no execution issued, and no taxes have been paid on such property so assessed, then execution may issue at any time, based on said assessments, for the purpose of collecting the amount of taxes due on said property in such years whether prior or subsequent to the passage of this Act. The mayor and council may provide by ordinance for the execution of the provisions of this Section whenever ordinances are necessary. And said mayor and council shall provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the hearing of any complaint. All assessments referred to in this Section shall be made by the city tax assessors. Defaulters Sec. 21. Be it further enacted. That the mayor and council shall have power and authority to provide by ordinance when the tax of said city shall fall due, and in what

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length of time said taxes may be paid, when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the non-payment of taxes when due. Taxes, when due. Sec. 22. Be it further enacted, That executions for any and all taxes or fines, license fees, assessments or forfeitures or demands due said city or its corporate authorities against any person or persons, firm, company or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed by him, bear test in the name of the mayor, and be directed to the marshal of said city, and all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that any property belonging to the defendant against whom said execution is issued, or of the certain property described in the execution, the amount of the execution be made with cost. The mayor and council shall provide by ordinance for advertising of, method of conducting, and all other regulations governing the sales by the marshal under city executions. The sheriffs and constables of this State shall have the same power and authority to levy and collect executions for the various courts of this State. Taxes, etc., how collected. Sec. 23. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm, company or corporation, whether a resident or non-resident of said city, engaged in or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, by themselves or their agent or agents, to register their names and business, callings, vocation or profession annually, and to require such person, company or corporation to pay for such registration and for license to prosecute, carry on or engage in such business, calling

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or profession, such amount as the said mayor and council may prescribe. Said mayor and council may provide by ordinance for the punishment of all persons, firms, companies, or corporations required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer or attempt to engage in, such business professions or occupation before paying such tax or taking out such license, or who fail to comply in full with all the requirements of the city and council made in reference thereto. Occupation tax. Sec. 24. Be it further enacted, That said mayor and council are hereby given authority to pass such ordinances as may be necessary or proper to carry the foregoing Section into effect; also to classify business and to arrange the various businesses, trades and professions carried on in said city that may be taxable, into such classes of subjects for taxation as may be just and proper. Classification of business. Sec. 25. Be it further enacted, That said mayor and council shall have authority to regulate the opening and closing of all occupations, business and employments within said city, so as to provide at what hour each shall close and open, for the better preservation of the health, peace and good order of said city. Said mayor and council may classify the said businesses, occupations and employments, and make such regulations for each class as they deem best. Regulations of business. Sec. 26. Be it further enacted, That said mayor and council shall have full power and authority to license billiard tables, pool tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten-pin alleys, nine-pin alleys or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either for the purpose of renting

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the same and to charge for said license such sum as they may by ordinance prescribe. License tax. Sec. 27. Be it further enacted, That said mayor and council shall have power and authority to pass such ordinances as they may think proper in regard to granting or not granting license to theatrical companies or performances, or for shows or other exhibitions, and to fix the amount of such license by ordinance. Theaters, etc. Sec. 28. Be it further enacted, That said mayor and council shall have full power and authority to assess a tax on all persons carrying on a brokerage business, in addition to all other tax that they have to pay. They shall have power to license pawn brokers in said city, define by ordinance their powers and privileges, and to revoke their license, impose taxes on them, and generally exercise such superintendence over pawn brokers as will insure fair dealing between them and their customers. Brokers. Sec. 29. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control all markets in said city, all opera houses, livery stables, hacks, drays used for hauling of any kind and other vehicles used for hire, vender masters, auctioneers, itinerant traders, itinerant lightning rod dealers, emigrant agents, and agents of fire, accident or life insurance companies doing business in said city; clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of articles and street beggars, wares or merchandise except such as were excepted by the laws of this State; also any person running a flying-jenny, or merry-go-round, rink or automobile, all solicitors or ianvassers selling goods, wares

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or merchandise by sample or retail to consumers; and all other establishments, businesses, callings or vocations which under the Constitution and laws of this State are subject to license. Special taxes. Sec. 30. Be it further enacted, That said mayor and council may by ordinance provide for enforcing the provisions of Sections 22, 23, 24, 25, 26, 27 and 28 of this Act by prescribing penalties for those who may engage in, or attempt or offer to engage in, any of the callings, professions or business therein mentioned without having registered, if that be required. Also, to provide for the collection therefor, as executions are issued, levied and collected for ad valorem taxes. Said mayor and council shall have power and authority to revoke any license granted under the provisions of this charter, for any violation of the laws or ordinances regulating the granting or issuing of said license. Penalties, for failure to register business. Sec. 31. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, carriages, wagons, carts, drays, bicycles, pumps, wells, springs, fire engines, care of the poor, the supervision of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and any other by-law, regulation and ordinance that they may deem proper for the security of the peace, health, order and good government of said city. Police powers. Sec. 32. Be it further enacted, That said mayor and council shall have full power and complete control of the

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streets, sidewalks, alleys and squares of said city, and shall have full power and authority to open and close the same and to condemn property for the purpose of opening and laying out new streets and alleys, and widening and straightening or otherwise changing the streets, grades of streets and sidewalks and alleys of said city, and whenever said mayor and council shall desire to exercise the power and authority granted in this Section, it may be done, whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, agent or guardian, in the manner provided by Section 4657 to 4689 of Volume II, Code of 1895, of this State, and Acts amendatory thereof. Said mayor and council shall have full power and authority to remove or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city and to enforce the provisions of this Section by appropriate ordinances. Control of streets, etc. Sec. 33. Be it further enacted, That the mayor and council of said city shall have power to require every male inhabitant in said city, who by laws of this State is subject to be worked on the public roads, to work such length of time on the streets of said city as said mayor and council shall direct by ordinance, in no case to exceed ten days in one year. Said persons so subject to be worked on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event exceed five dollars in one year. Said work to be done and said commutation tax to be paid at such times as said mayor and council may direct. Any persons subject to work on said streets who shall fail to work or pay said tax, after being properly notified, may be punished in the mayor's

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court as the mayor and council may by ordinance prescribe. Street tax. Sec. 34. Be it further enacted, That the mayor and council of said city shall have full power and authority in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainings of the sidewalks, streets, squares, public lanes and alleys of said city. 2nd. In order to carry into effect the authority above, the said mayor and council shall have power and authority to assess not more than two-thirds of the cost of paving and otherwise improving the sidewalks, including not more than two-thirds of the cost of the necessary curbing on the real estate abutting on the sidewalk. 3rd. Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains crossings, or otherwise improving the roadway or street proper, or the real estate abutting on one side of the street improved, and one-third of the cost on real estate abutting on the other side of the street so improved. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. 4th. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, and pro rating the cost thereof on the real estate according to its frontage on the street, or portion of street so improved or according to area or value

Page 1454

of said property either, or all, as may be determined by ordinance. 5. That the amount of the assessment on each piece of real estate shall be lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. 6th. The mayor and council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on real estate, and after advertising and other proceedings, as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title to the purchaser. Said city marshal shall have authority to eject occupants and to put purchasers in possession; provided , the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Wayne county, and there tried and the issue determined, as in cases of illegality for delay. 7th. The mayor and council shall have authority to pave and contract the whole surface of the street without giving any railroad company or other property holder or occupant of the street the option of having the space to be paved by themselves, or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. 8th. The lien for assessments on abutting property and on street railroad or other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for

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taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. 9th. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city; to enforce by execution the costs thereof against the adjacent property owner and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Street improvements. Sec. 35. Be it further enacted, That the mayor and council of said city shall have full power and authority to establish, construct and maintain, or to permit any person, company or corporation to construct and maintain, one or more systems of sewerage and drainage, or parts of such systems in said city, and around said city, for the health, cleanliness and comfort of its inhabitants, and the said mayor and council shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewers, water closets, private and the like in said city, with full power to prescribe the location, structure, uses and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require changes in or the total discontinuance of any such contrivances or structures in existence, or that may be hereafter allowed. When any system of sewerage or drainage shall be constructed by the said mayor and council, assessments may be made and executions may issue for the expense thereof under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this charter, and said assessments shall be a lien on the property so

Page 1456

assessed, as provided in this Act for paving streets. And all the provisions in this charter in reference to making and enforcing assessments in paving streets and the amount thereof, shall apply in so far as they are applicable to construction and maintaining sewers, and may be enforced by the mayor and council by appropriate ordinances. Drainage and sewerage. Sec. 36. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuse to grant a right-of-way for that purpose, and such owner and the authorities of said city cannot agree upon the damages to be paid for such easement, then assessors shall be appointed to assess the damages to said property by reason of the construction and maintenance of any such sewer through or upon the same. Said assessors to be appointed, notice given, and their award made, as in case of property taken for opening, straightening or widening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of any appeal. Power of condemnation. Sec. 37. Be it further enacted, That said mayor and council shall have entire control of said sewers, and generally of all matters in connection therewith; they shall control connections with said sewers, and may compel connections therewith when in their judgment the good of said city demands it; they may have caused said connections to be made, when the owners fail or refuse and issue executions for the amount so expended, which executions shall be special liens on the property connected with said sewerage systems from the date of the order of connections. Sewer connections. Sec. 38. Be it further enacted, That said mayor and council may provide by ordinance for the execution of the

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provisions of these Sections regarding sewers, damage and sanitation, except as to the taking of private property for the construction of sewers by such boards, committees or officers as they deem best. Sewers, etc. Sec. 39. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said city, the mayor and council are empowered to extend systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems and the taking of property therefor shall apply to the territory without the limits of said city, as may be necessary for the construction of said system. Extension of drains and sewers beyond corporate limits. Sec. 40. Be it further enacted, That the mayor and council shall have full power and authority to make an assessment on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and council are hereby empowered to collect the same by execution against the lots so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax and executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided , no residence lot shall be less than twentyfive feet front, and no business lot less than ten feet front; provided, further , the assessments made under this Section shall not be made on vacant lots, and residence lots shall not be sub-divided for assessment. Sanitary tax.

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Sec. 41. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises, whenever in their judgment and in the opinion of the city physician such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood within said city. The mayor and council are authorized by appropriate ordinances to enforce the provisions of this Section. Sanitary regulations. Sec. 42. Be it further enacted, That the mayor and councilmen may establish within the corporate limits of said city, a system of public schools for this purpose, shall have power and authority to assess and collect additional taxes of not more than one-half of one per cent. on all taxable property within said city for the purpose of supporting and maintaining of said schools; provided , that public schools shall not be established or maintained until the question shall have been submitted to a vote of the qualified voters of said city, and approved by a two-thirds majority of the qualified voters. Such questions shall be submitted after the same notice and manner as now provided by law for submitting the question of issuing municipal bonds. Said mayor and council shall also have power and authority to issue the bonds of said city for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of lands and the erection of school buildings thereon; provided , that any debt made or incurred for State, and if issued shall be in pursuance of and after the election which shall be held in conformity to said Constitution and the said statutes of this State upon the establishment of a public school system said mayor and councilmen shall have power to provide for and elect a

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board of education to consist of three members to control the same. Public schools. Sec. 43. Be it further enacted, That said mayor and council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and enlarge, change or modify its limits from time to time; to prescribe when, how or what materials buildings in said limits may be erected or covered, how thick the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city, so far as possible from danger from fire, and prevent the spreading of fire from one building to another. They shall have authority to order any changes in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof when, in their judgement, the same are dangerous or likely to become so, and make the owner of the premises pay expenses of such changes which may be collected as taxes are now collected. And if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed, and if such person, firm or corporation shall not remove such building after notice to do so, then said mayor and council shall have authority and power to remove the same at the expense of the owner, which expenses may be collected by execution. Fire limits. Sec. 44. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said city, and provide for the abatement of the same. The mayor's court of said city of Odum shall have concurrent jurisdiction with the mayor and council of said city in

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respect to the trial and abatement of all nuisances in said city of Odum. Nuisances. Sec. 45. Be it further enacted, That said mayor and council shall have full power and authority to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of Divine worship in, and the premises where; to regulate the keeping of gun powder, dynamite or other combustibles; to provide in or near said city places for burial of the dead, and regulate the interment therein; to provide for the drainage of lots in said city by proper drains, sewers and ditches; to make regulations guarding against danger by or damage by fire; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of Odum, and to prevent the obstruction of the streets of said city, or gathering of disorderly crowds in said streets, and to enforce the provisions of this Section by appropriate ordinances. Police powers. Approved August 19, 1911. OGLETHORPE, CITY OF, CHARTER AMENDED. No. 226. An Act entitled an Act to amend an Act to incorporate the town of Oglethorpe, in the county of Macon, etc., approved November 28, 1900; to provide for the election of a mayor and aldermen, defining their powers and duties; to establish a bond commission, and to define the powers and duties; to authorize the city of Oglethorpe

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to exercise the right of eminent domain; to enact and enforce the necessary police regulations for the protection of the waterworks and electric light plant; to provide for the salary of its officers; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 1 of an Act entitled An Act to incorporate the town of Oglethorpe, in the county of Macon, approved November 28th, 1900, be amended by striking from the fifth line of said Section 1 the word five, and substituting in lieu thereof the word four, and by striking from the fifth line of said Section 1 the words mayor and council of, so that Section 1, when amended, shall read as follows: Oglethorpe, city of: Corporate powers. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Oglethorpe, in the county of Macon, be, and the same is, hereby incorporated as a town under the name of the city of Oglethorpe. The corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of the city of Oglethorpe they may sue and be sued, plead and be impleaded and exercise all other corporate powers that may be necessary in performing their duties. Sec. 2. Be it further enacted by the authority aforesaid, That at the election to be held on the first Thursday in December, 1911, and every two years thereafter, as hereinbefore provided for, there shall be elected a mayor, who shall hold office for two years, and until his successor is elected and qualified. In the event the office of mayor shall become vacant by death or otherwise, the mayor pro tem. ,

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or, in case there is no mayor pro tem. , the common council, at its next regular session, shall give ten days' notice in the official organ of the city or the date of an election for a successor, and said council shall call said election within forty days from the date of said vacancy. Said election shall be managed in the manner provided in the charter for all city elections; provided , that if no election shall be held as herein provided for, the mayor pro tem. shall act as mayor during the balance of the term, exercise all the powers of mayor during said term. The mayor shall be ineligible to election during the next succeeding term. He shall be the executive officer of the city and see that all the laws and ordinances of the city are faithfully executed, and that the officers of said city discharge their duties according to the terms and tenor of their duties as provided by the ordinances, and shall examine and audit all accounts against the city before payment. He shall be paid such a salary as may be fixed by the mayor and council at their last regular meeting prior to any regular election to be held for mayor, said salary to be paid monthly, and shall receive no other fees or perquisites connected with the office. He shall have the power to convene the council in extra session whenever in his judgment the exigencies of the case may demand it. He shall examine the books of the officers of the city whenever he sees proper to do so, and if any irregularities are discovered he shall report the same to the next meeting of the common council. Mayor, election, term of office, etc. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor shall preside over all meetings of council, and in his absence the mayor pro tem. ; that the mayor shall have no vote except in case of a tie. He shall have the power to veto all ordinances and resolutions passed by council and shall have four days after the meeting of

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said council to veto any bill, ordinance, order or resolution. He shall put his veto in writing and file the same with the clerk of council. The said council may, in case of any veto, pass the said ordinance, order or resolution over the veto of the mayor by a two-thirds vote of the entire council, said veto to be taken by ayes and nays and entered on the minutes. In the absence of the mayor a like power may be exercised by the mayor pro tem . Before entering upon the discharge of the duties of his office, the mayor shall take and subscribe the following oath before the Judge of the Superior Court of Macon county, or the Judge of the City Court of Macon county, or the Ordinary of the county: I do swear that I will to the utmost of my ability discharge the duties of the office of mayor of Oglethorpe during my continuance in office to the best interest of the city. Before assuming the duties of office the members of the council shall take and subscribe the same oath as that administered to the mayor. Mayor's vote, veto and oath. Sec. 4. Be it further enacted by the authority aforesaid, That at the next election to be held on the first Thursday in December, 1911, there shall be elected four aldermen, two of whom shall serve for a term of two years, and two of whom shall serve for a term of one year and until their successors are elected and qualified; and the said councilmen so elected shall determine among themselves which two of their number shall serve for two years, and which two shall serve for one year. After said election on the first Thursday in December, 1911, the councilmen elected at the annual election hereinbefore provided for and required, shall serve for two years and until their successors are elected and qualified. The alderman so elected shall be qualified voters of the city and shall be resident freeholders of said city. They shall receive a salary of not more than thirty dollars

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per annum, to be fixed at the time and in the manner herein provided for fixing the mayor's salary. In the case of a vacancy caused by death, resignation or otherwise, the mayor, or the mayor pro tem. shall order an election to fill the vacancy after giving ten days notice in the official gazette of said city, and the election shall be held within forty days after the occurring of said vacancy. The said order shall be issued as soon as the vacancy occurs, and the election shall be held as all elections are held for mayor and aldermen under this charter. Aldermen, election of, etc. Sec. 5. Be it further enacted by the authority aforesaid, That Section 5 of said Act be amended by striking therefrom all of said Section following the words said registrar, and substituting therefor the following, to-wit: Said oath shall be written or printed in the voters' book furnished by the city council, and it shall be a misdemeanor for the clerk to permit any person to register without first administering the aforesaid oath to them. No candidate for any city office shall be eligible as a superintendent or manager of said election. Voters' oath. Sec. 6. Be it further enacted by the authority aforesaid, That immediately after the registration books are closed it shall be the duty of the clerk to submit the same to the chairman of a committee appointed by the mayor and council to be known as Committee upon Revising the Registration List, which committee upon examining said book and registration list, on their own information furnished by others, believe that any person so registered is not qualified to vote, they shall cause a summons to be issued directed to such person calling upon him to appear before the committee two days thereafter and show cause, if any he has, why his name should not be stricken from the registration

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list, and in default of his appearing before such committee his name shall be stricken. The said committee shall certify to the correctness of said registration list and transmit the same to the clerk of the city council, who shall prepare a list of the qualified voters, certify the same as being true, and shall furnish the superintendents of election with a copy of said list alphabetically arranged before the time for opening the polls, and the registration list so revised shall remain on file in the office of the clerk of the city council. Registration books. Sec. 7. Be it further enacted by the authority aforesaid, That Section 7, 8 and 9 of said Act be, and the same are, hereby repealed. Sec. 8. Be it further enacted by the authority aforesaid, That at the next regular election held for mayor and councilmen of said city, and biennially thereafter, there shall be elected a clerk who shall be treasurer, who shall hold office for two years, unless sooner removed by council; that said city council shall have full power and authority to suspend from office the clerk and treasurer, or, for any good cause, to remove him from office; that said clerk and treasurer shall be a qualified voter of said town. Clerk and treasurer. Sec. 9. Be it further enacted by the authority aforesaid, That the clerk and treasurer, before entering upon the discharge of his duties, shall give bond with good security, payable to the city of Oglethorpe, in the sum of two thousand five hundred dollars, ($2,500), conditioned for the faithful discharge of his duties as clerk and treasurer, and to pay out all sums received by him upon the proper warrants drawn by the proper town authorities, and to make a full accounting of the same, that said clerk and

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treasurer shall be ex-officio tax collector of said city; that he shall collect all taxes that are assessed, either ad valorem or license taxes, and shall make a monthly report to the mayor and council of said city. The said clerk and treasurer shall keep a strict account of all moneys paid over to him by the water, light and bond commission, keeping a separate account of the same, showing all sums received and paid out. He shall keep an account showing all moneys received by him, and the amount paid out, and a record of all vouchers paid him. He shall issue executions against tax defaulters and deliver them to the marshal, taking his receipt for the same. He shall be paid not exceeding seven hundred and fifty dollars per annum, to be fixed by the mayor and council, for his services, to be paid monthly. Fifty cents shall be taxed as cost for each execution issued by him to be paid by the defendant in execution when collected, which shall be paid into the general fund of the city. Should the city council prefer a security company bond in the place of an individual bond, the amount of the premium on such bond shall be paid by the city council. Clerk and treasurer, bond and duties of. Sec. 10. Be it further enacted by the authority aforesaid, That the clerk and treasurer of the city shall keep all the books and papers entrusted to him and turn them over to his successor in office. He shall keep a record of all licenses charged and collect the same, issuing a license for it and shall immediately pay the money to the treasurer. If any license is not paid within the time fixed by ordinance he shall immediately report the same to the mayor and council for such action as they see proper. He shall be clerk to the water, light and bond commission, make out bills for all amounts due for water and lights and shall collect the same. He shall keep a separate book showing

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all amounts received for the water, light and bond commission and the amount paid to the treasurer. Duties of clerk and treasurer. Sec. 11. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and council in January after said election, the city council shall elect a marshal, and may elect a policeman, night watchman and such other officers as may be necessary for the well being of said town. The marshal before entering upon the discharge of his duties, shall give a bond with good and sufficient security, payable to the city of Oglethorpe, in the sum of one thousand dollars, ($1,000), conditioned for the faithful discharge of his duties as marshal of said city, and to faithfully pay over and account for all moneys collected by him. The marshal shall receive a salary of not more than six hundred dollars per year, to be paid monthly. The marshal so elected shall be ex-officio chief of police of said town. The marshal shall be superintendent of the streets. He shall work on the streets, keep them in repair and summons the hands to work them under direction of the mayor and council. The mayor and council shall have full right and authority to assign and designate to him as an officer of the city and other duties. If the duty of night watchman is assigned to the marshal, the council may work the streets by letting the same out by contract, or by employing a superintendent, but the said superintendent shall work the streets in ninety days in each year, the said time to be apportioned by the mayor and city council, and he shall be paid not more than the sum of one dollar and fifty cents per day. The night watchman, if elected, shall receive a salary of not more than six hundred and fifty dollars per year, to be paid monthly. The said officers so elected shall hold office for the period of one year, and their successors shall be elected annually thereafter. They may be suspended

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from office by the mayor and city council whenever they see proper to do so. They shall receive no further compensation or perquisites for their services nor shall their salary be increased during the term of office for which they are elected. Marshal, policemen and night watchman. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Oglethorpe shall have the right to assess and collect a tax upon each dog within the corporate limits of the town of not more than one dollar each male dog and two dollars for each female dog. Upon the owner of any dog refusing to pay such tax, an execution shall be issued against him for the same, and when an execution is returned as insolvent, it shall be the duty of the marshal to kill the dog for which such tax is due. The mayor and council shall by proper ordinance fix the time when said tax is due and payable. Dog tax. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to impose penalties for the regulation and prevention of idleness and loitering within the limits of the city and to prescribe penalties for the violation of the same. Vagrancy. Sec. 14. Be it further enacted by the authority aforesaid, That the marshal shall have full power and authority to enter and, if necessary, break open and enter any place in said city when the mayor and council may have reasonable cause to believe that, or may suspect, such place to be a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquors, and the apparatus for selling the same; said mayor and council shall have full power and authority to abate as a nuisance any place in said city when the mayor and council shall

Page 1469

have reasonable cause to believe that spirituous, vinous, malt or intoxicating liquors are sold in such place, and to arrest the offenders; and upon the conviction of any person for maintaining a nuisance as above stated, the mayor shall have full power and authority to cause the marshal and policemen of said city to seize and destroy the stock of liquors and apparatus for selling the same found within the city and to punish the person maintaining such nuisance by a fine of not more than one hundred dollars, or sixty days on the public works of the city, or thirty days in the city prison or common jail of the county; any one or more such punishment in the discretion of the mayor or councilmen trying the case. Said mayor and council shall have full power and authority to carry into effect and force the provisions of this Section. Blind tigers. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to cause the owners of city lots, or parts of lots, and cellars, if the same become a nuisance, or the board of health should recommend that such lots or cellars be filled or drained, to cause the owners to drain or fill such lots or cellars to the level of the alleys or streets upon which said lots or cellars are located. If the owner or occupant of such lots or cellars should fail or refuse, after reasonable notice, either to themselves or their agents, as the mayor and council may provide, to comply with the requirements of said mayor and council by draining or filling said lots or cellars, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the cost against the property and collect the same by execution, issued as provided by ordinance. Said mayor and council shall by ordinance declare what shall be a nuisance in said city, and provide for the abatement of the same. Drainage.

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Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets, sidewalks, public parks and alleys, and for the purpose of widening, straightening, grading, or in any way changing the streets, lanes and sidewalks in said city, and when the mayor and council shall desire to exercise the authority granted in this Section, it may be done whether the lands concerned are in the hands of an owner, trustee, executor, administrator, guardian or agent, in the same manner as provided by Section 5235 and 5237, inclusive, of the Code of Georgia of 1910, and the Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon the payment of accrued costs. The mayor and council shall have full power and authority to remove, or cause to be removed, any buildings, steps, awnings, or other obstructions or nuisances upon the public streets, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Control of streets, etc. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have power to grant franchises, easements, and right-of-way over, under, in and on the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as they may fix; provided , that no franchise shall be granted for more than a term of twenty years, nor without compensation to the said city to be provided for in said franchise ordinance. Franchises. Sec. 18. Be it further enacted by the authority aforesaid, That the city council of the city of Oglethorpe shall prepare and publish quarterly in a newspaper of general circulation in said county an itemized statement, showing

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the amount of money received, and from what source; the amount expended, for what expended and to whom paid. The said report shall be certified by the mayor and clerk of the city council. For carrying out the provisions of this Act, the mayor and city council shall, unless satisfactory prices can be made with a newspaper published in the city of Oglethorpe, contract with any paper of general circulation within the county to publish said report and the report of the bond commission. For a failure to do so the mayor and city council shall be liable to indictment or punishment and to be punished by a fine of not less than one nor more than fifty dollars. Financial statements publication of. Sec. 19. Be it further enacted by the authority aforesaid, That the city council shall fix by ordinance when the street tax shall be due and payable, either all at one time or a part at one time and a part at another, and the marshal of the city shall make an alphabetical list of every person in the city subject to street work and shall file a copy of said list with the clerk of the city council. The marshal shall notify all persons liable for street duties when the tax is due, either personally or by written notice, and the persons so notified shall either call on the city clerk and pay the tax to him, or it may be paid to the said marshal, either of whom shall give a receipt for the same. The clerk of the city council shall keep a record of the amount so collected and shall pay the same over to the treasurer. The said fund so collected shall be known as the street fund, and shall be by the treasurer kept separate from the general fund. The money so collected from street taxes shall not be used by the council for any other purpose except the improvement of the streets of Oglethorpe. Street tax. Sec. 20. Be it further enacted by the authority aforesaid, That there is hereby created a water, light and bond

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commission, to consist of three upright and intelligent citizens of the city of Oglethorpe of sound business discretion, whose duty and powers shall be to install and build a waterworks system and an electric system for the city of Oglethorpe, and, when so built and installed, to take charge of, operate and maintain the said waterworks and electric light system by proper agents and employees for the best interests of the city of Oglethorpe. It shall be their duty to contract with engineers, contractors, material men and such others as may be necessary for the building and installing of a water and light plant, and, when necessary and authorized by a vote of the citizens of the city, to install and maintain a system of sewers in and for the city of Oglethorpe. When the bonds heretofore voted for by the city are sold by the mayor and council, the proceeds of the sale of said bonds shall be turned over to the bond commission and they shall have the control of all bonds that may be issued in the future by the city of Oglethorpe, and of all contracts made in behalf of said city for water, light and sewer purposes. They shall have the control and management of the sinking fund and of the money raised for paying interest. They shall see that the sinking fund for the purpose of paying off the bonds is properly invested, and to do this they are authorized to invest the same in mortgages on real estate, municipal or government bonds to be approved by them. They shall in like manner have control of all other bonds that may be issued by the city of Oglethorpe from time to time for public improvements of the city, and said bond commission is hereby authorized to negotiate loans, if necessary, through the mayor and council or direct, in behalf of the city of Oglethorpe, and all profits arising from operation of said water and light plants and other public works under the control of said bond commission shall, after paying the current expenses for the month,

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be paid into the city treasury of Oglethorpe, which sums shall be kept separate and distinct from the other income of the city, and shall be first applied to pay the interest of the bonds for water and light as they mature. The remainder of said fund shall be applied to the general expenses of the town. The following citizens of Oglethorpe are hereby created a bond commission, to-wit: R. L. Greer, W. J. Griffin, and E. L. Murray. The said commissioners shall determine by lot or otherwise among themselves before entering upon the discharge of their duties which of them shall hold office for one, two or three years, and the terms of said shall expire as follows: one on the first day of January, 1913, one of the first day of January, 1914, and the third on the 1st day of January, 1915. Water, light and bond commission. Sec. 21. Be it further enacted by the authority aforesaid, That the successors to said commissioners, when their term of office expires, shall be appointed by the Judge of the Superior Court upon a recommendation as to their qualifications as business men by a majority of the registered freeholders of the city of Oglethorpe according to the last registration of said city; and the same commissioners shall be removed from office by the Judge of the Superior Court of said county upon a petition of a majority of the registered voters of said city according to the last registration filed with the mayor and council, and the Judge of the Superior Court shall then appoint a successor or successors to the commissioner or commissioners so removed upon the recommendation of the majority of the registered freeholders, who shall hold office for the remainder of the term for which he or they are appointed, and no longer. All vacancies in the commission for any cause shall be filled as herein provided in case of removal. The members of said bond commission shall be required to

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give bond with good and sufficient security, payable to the city of Oglethorpe, for the faithful discharge of their duties and for the accounting of all funds and records entrusted to them and for their acts and doings as such commissioners, in the sum of one thousand dollars; said bonds to be approved by the mayor and council and recorded on the minutes of said city. If said bonds are given in a security company the city shall pay the premium therefor. Commissioners, how appointed and removed. Sec. 22. Be it further enacted by the authority aforesaid, That the clerk and treasurer shall immediately open an account upon his books with said bond commission, and shall turn over to said bond commission all taxes collected under the existing laws, or which may be raised in future, for the purpose of paying all bonded indebtedness and interest thereon due by or against the city of Oglethorpe, and the mayor and council shall cause to be paid over to the said bond commission a sufficient amount to pay the accruing interest and the amount required by law to be held as a sinking fund for the final redemption of the entire bonded indebtedness of the city. Said commission shall have the power to invest any of the moneys in its custody in valid State, county or municipal bonds; and, if the aforesaid bonds cannot be purchased, said commission may loan said money for a period of five years or less upon real estate security; but shall not loan to any one person more than one thousand dollars, and no loans shall be made for more than one-third of the assessed value of the real estate made for the previous year. The borrower shall furnish at his own expense an abstract of title, keep the property insured in favor of the city, record the deed, and pay all taxes and charges against said property; and in loans upon real estate the commission shall take a deed and notes in the name of the city, specifying that it is a part of the sinking

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fund and execute a bond for reconveyance, which bond and all other papers shall bear test in the name of the city of Oglethorpe and be signed by the chairman of the bond commission and the city clerk, who shall be ex-officio clerk of the bond commission. Money so loaned shall be at the highest legal rate of interest. Said bond commission shall be authorized to dispose of all bonds, invest the proceeds, and, in their discretion, buy up the bonds of the city, or any of them, before maturity, paying premiums therefor in their wise discretion, and the mayor and council, each year, when necessary, shall appropriate a sufficient sum of money to defray the necessary expenses of said commission. Bonded indebtedness, how paid. Sec. 23. Be it further enacted by the authority aforesaid, That it shall not be lawful for the mayor or any alderman, or any member of the bond commission, superintendent of the water and light plant, or any member of the board of health, city engineer or architect, or engineer who submits plans and specifications of any building, plant, sewer or street improvement, or any of the employees of the city to be interested, directly or indirectly, as a stockholder, or otherwise, in any corporation or firm which may enter into contract with the city of Oglethorpe, the water, light and bond commission, or other persons, in behalf of the city, for any street improvements, sewerage, buildings or plants for the city; or in the purchase of supplies of any kind for the use of said city, nor shall it be lawful for the wifes of any such officers or employees of said city to be so interested; and any violation of this Section by any of the aforesaid officers or employees of the city shall be a misdemeanor, and the defendant shall be indicted for a misdemeanor, and, upon conviction, shall be punished as prescribed by Section 1039 of the Criminal Code of Georgia. No officer shall be interested in any municipal contract.

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Sec. 24. Be it further enacted by the authority aforesaid, That said bond commission shall, in addition to monthly reports to the mayor and council make an annual report which shall show all moneys received and disbursed by them, and the amount paid to the city treasurer, which report shall be verified by affidavit of the commissioners and published one time in the official organ of the city. The said bond commissioners shall receive as salary for their services the sum of one hundred dollars per annum, to be paid monthly. Reports of bond commission. Sec. 25. Be it further enacted by the authority aforesaid, That the clerk and treasurer of said city shall be ex-officio clerk of the bond commission. He shall collect all moneys due for water and lights and hold the same subject to the direction of the bond commission, who, after paying the current expenses for the month, shall draw their warrant on the clerk of the city council directing him to pay the same over to the treasurer of the city, and the said treasurer shall keep a separate and distinct account of all moneys received from the bond commission. In default in the payment of the amounts due for water and lights the bond commission shall direct the clerk to issue execution against the defaulter, which shall be levied and collected by the marshal of the city. The clerk shall collect a charge of fifty cents for each execution issued, and when collected from the defendant in execution the same shall be paid into the general funds of the city. Clerk of commission. Sec. 26. The said bond commission shall elect a superintendent and such other officers and employees as are necessary to maintain and operate the water and light plant, and shall pay such superintendent and employees monthly out of the funds collected for water and lights. If from

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any cause there is no fund available for such purpose, they shall draw their warrant upon the city treasurer which shall be approved by the mayor and paid by the city treasurer. They shall, as soon as the superintendent and other employees are employed, report to the city council the name of each employee and the sum to be paid. They shall have the right to remove the superintendent or any other employee at their pleasure. When it is necessary, when they are available, the city council shall, upon request of the bond commission, furnish the superintendent of said commission the street hands and city mules and stock. Superintendent and employees of water and light plants. Sec. 27. Be it further enacted by the authority aforesaid, That the bond commission shall have the right, whenever they deem it for the best interest of the city, to require bond with good and sufficient security, payable to the city, from any contractor or other person making contracts with said commission for material to be furnished or work done, and from any persons employed by said commission, in such sums as may be fixed by said commission, conditioned for the faithful compliance with such contracts, the faithful performance of the work to be done, and the discharge of the duties imposed by such contract or employment. Bonds of contractors. Approved August 19, 1911. OGLETHORPE, TOWN OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 172. An Act to amend an Act entitled An Act to establish a system of public schools in the town of Oglethorpe,

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Macon county, approved December 26, 1890; to change the name of said schools for the city; to provide for the election of trustees and to define their duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly of Georgia, approved December 26, 1890, to establish a system of public schools for the town of Oglethorpe, be amended by adding thereto the following: That the school established in said city for white pupils shall be known as the Oglethorpe High School, and as the Oglethorpe High School the trustees and principal of said school may confer degrees and grant diplomas to the pupils of said school, and said school shall have all the powers and privileges conferred upon high schools in this State. Oglethorpe, city of: Oglethorpe High School. Sec. 2. Be it further enacted by the authority aforesaid, That the first Section of said Act approved December 26, 1890, be amended by striking from said first Section of said Act the following words, to-wit: Beginning at the word five in the seventh line thereof, and striking therefrom the following words, to-wit: five persons who shall constitute the board of education therein. At said election one of said persons shall be elected for a term of two years, two for four years, and two for six years, and thereafter their successors shall be elected for a term of six years. All vacancies in the board shall be filled by the mayor and council immediately after such vacancy occurs, and inserting in lieu thereof the following words, to-wit: That at the first meeting of the city council in January, 1912, there shall be elected five trustees of the public schools of

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the city of Oglethorpe; three of whom shall be elected for two years, and two of whom shall be elected for one year; and that thereafter there shall, at the first meeting of the city council in January of each year, be elected successors to the trustees elected as herein provided for as their terms of office expire, who shall hold office for two years from the date of their election. They shall be known as The Board of Trustees of the public schools of the city of Oglethorpe. No relative of any member of said Board of Trustees within the fourth degree of consanguinity shall be elected to a position of teacher in said schools. Election of trustees. Sec. 3. Be it further enacted by the authority aforesaid, That Section five of said Act be amended by striking therefrom the following words, to-wit: The board of education herein provided for shall, in the early part of each year, make an estimate of the amount necessary to be raised by taxation for that year for the support and maintenance of the public schools and place this estimate before the mayor and council of the town of Oglethorpe, and substitute in lieu thereof the following: The board of trustees herein provided for shall, on or before the 15th day of May, 1912, and annually thereafter, make an estimate of the amount necessary to be raised by taxation for that year for the support and maintenance of the public schools for that scholastic year. School tax. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall at the end of each scholastic term make a full report of the amount that said board has received from taxation, tuition and all other sources, which report shall be sworn to and published in the official organ of said city; that upon a failure to make said

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report the mayor and council shall notify the trustees to make the same, and if not made within ten days after notice so served upon them, they shall be subject to a fine of not less than one nor more than fifty dollars, to be imposed by the mayor and general council. If said fine is not paid, then, the city council shall have the right, by proper resolution, to declare the office of the board of trustees vacant, and to proceed to elect trustees as herein provided for to fill the vacancy. They shall also issue execution to collect the fine so imposed. Reports of trustees, publication of. Sec. 5. Be it further enacted by the authority aforesaid, That when said board of trustees shall have elected a principal and teachers for said school for the ensuing year, they shall at the same time fix the salaries to be paid, and they shall not during the scholastic term increase the salaries of the principal teachers so elected. Salaries of teachers. Sec. 6. Be it further enacted by the authority aforesaid, That Section five of said Act be amended by striking therefrom in the third line thereof tuition fees. Sec. 7. Be it further enacted, That Section seven of said Act be amended by striking from the fifth line thereof, ten dollars tuition per scholastic year, and inserting in lieu thereof, may charge not more than one dollar per term matriculation fee to all pupils whose studies are in the high school grade, and for no other branches. Matriculation fee. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said school shall adopt as a curriculum of the elementary branches of English for the high school the books and branches of studies within the

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high school grade that are designated, or may hereafter be designated, by the State Board of Education. Curriculum. Sec. 9. Be it further enacted by the authority aforesaid, That the said Trustees may permit art, music, physical culture, science, and business courses taught in said school and provide that all tuition fees for these studies shall be paid by the pupils or their parents or guardians; that no part of the money appropriated by the State, or the taxes appropriated by the city of Oglethorpe, shall be applied to any of these studies. Fees in departments of art, etc. Sec. 10. Be it further enacted by the authority aforesaid, That the trustees shall fix a charge for the use of the auditorium for all shows and exhibitions, which shall be done at the first meeting in January of each year, and they shall report to the city council of the city of Oglethorpe the shedules of fees fixed for exhibitions and shows, and when such fees are collected and paid, they shall be paid over to the treasurer of the city of Oglethorpe, who shall keep the same separate and distinct from the other receipts of the city, and they shall be used for the improvements and repairs on the school building, and for no other purposes; provided, however , there may be exempted from the payment of fees for the use of said auditorium all charitable and local exhibitions and entertainments. Rents of Auditorium. Approved August, 1911. OHOOPEE, TOWN OF, NEW CHARTER. No. 270. An Act to establish a new charter for the town of Ohoopee, in the county of Toombs, to define its limits, to provide

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for a mayor and four councilmen for said town, to prescribe their manner of election and their term of office; to confer on said mayor and council certain duties, powers and privileges; to provide for all matters of municipal concern and cognizance; to provide for a public school system for said town; to provide for the continuance in office of the present mayor and council until the expiration of their terms, and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory and all the territory embraced within the limits of one-half of a mile in every direction from a point where the Seaboard Air Line railway depot now stands, in the town of Ohoopee, be, and the same is, hereby incorporated under the name and style of the Town of Ohoopee. Ohoopee, town of; new charter. Sec. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide residents of said town for a period of six months just preceding their election to office, and said municipal government shall be styled the town of Ohoopee, and by that name are hereby made a body corporate. As such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold or possess, sell and convey for the use of said town, any real or personal property of any kind, or purchase such real or personal property as is necessary for the use of said town; that the said

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mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary for the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violation of such ordinances, rules, by-laws and regulations and to enforce such penalties when they have been fixed. Mayor and councilmen. Sec. 3. Be it further enacted by the authority aforesaid, That on the first Saturday in January, 1912, and annually thereafter on the first Saturday in each year, there shall be held in said town an election for a mayor and four councilmen for said town, who shall hold their office for one year from the date of their election, or until their successors are elected and qualified, except when a vacancy occurs by death, resignation or otherwise, when the remaining members shall fill such vacancy of mayor or councilman by an election held by them for such purpose at any time to fill the unexpired term of the person or persons causing such vacancy. Elections of mayor and councilmen. Sec. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at the usual place of holding elections in the town of Ohoopee, which shall be known as the voting precinct of the town of Ohoopee, subject to be changed by the mayor and council after ten days' notice in writing posted at three or more public places in said town; the managers at all elections in and for said town shall be three freeholders, all of whom shall be residents of said town, or a Justice of the Peace of Toombs county, and such freeholders shall, before

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entering upon the discharge of their duties, take and subscribe the following oath: All of us do swear that we are qualified to hold an election of the town under its charter; that we will faithfully superintend this day's election, and make a just and true return thereof; that we will let no one vote in this election unless we believe he is entitled to vote in the same, nor will we knowingly prohibit anyone from voting who is by law entitled to vote. Said affidavit shall be signed by such manager in the capacity in which he acts; said oath may be administered by any person in Toombs county authorized by law to administer oaths, or, if no such officer can be conveniently had, such managers may each take and subscribe to said oath in the presence of each other. Elections, where and how held. Sec. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from ten o'clock a. m. until three o'clock p. m., when the polls shall be closed, and the managers of all elections shall proceed to count the ballots and declare the result; said election managers shall certify two lists of voters and two tally sheets, place one of each in the ballot box and securely seal the same, and shall forthwith deliver the same to the clerk of the town, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted shall destroy the same without himself inspecting or allowing anyone else to inspect said ballots. The other tally sheet and list of voters, together with a certificate showing the result of the election and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the town council, at which time and place he shall open the same and declare the result of the election in the presence of the council. Polls, opening and close of. Lists of voters.

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Sec. 6. Be it further enacted, by the authority aforesaid, That all persons residing in the town of Ohoopee who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and done all work required of them on the streets of said town, and have resided in said town for six months just preceding the day of election, shall be considered electors, and entitled to vote in said town elections, and no other shall be allowed to vote therein. Voters. Sec. 7. Be it further enacted by the authority aforesaid, That the mayor and council elected, or appointed to fill a vacancy, as the case may be, shall take and subscribe to the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be), of the town of Ohoopee, and that I will support the Constitution and laws of the State of Georgia, and the Constitution and laws of the United States, so help me God. Official oath. Sec. 8. Be it further enacted by the authority aforesaid, That the salaries of the mayor and councilmen of said town shall be fixed by them at their first meeting after their election, and the same entered on the minutes, and no change shall be made in their salaries during their terms of office; provided, however , the salary of the mayor shall not exceed the sum of fifty dollars per annum; said mayor and council shall elect their marshal, clerk, treasurer and such other officers as are in their opinion necessary to carry out the provisions of this charter, fix their compensation, and take such bonds as are necessary and usual in such cases, and to prescribe an oath of office to be administered to them before entering upon the discharge of their duties. Salaries. Officers.

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Sec. 9. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and council after their election in each year, they shall elect one of their number as a mayor pro tem. , who shall have authority to discharge all of the duties of the mayor whenever from sickness, absence or any other cause the mayor is disqualified or cannot act. Mayor pro tem. Sec. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town, to be held by the mayor in the council chamber, or some other convenient place in said town, as often as is necessary; said court shall have the right and power to preserve order and compel the attendance of witnesses, and to punish for contempt by a fine not to exceed five dollars or, in default of such payment, by imprisonment in the calaboose of said town not to exceed five hours. In the absence of both, or the disqualification of the mayor and mayor pro tem . of said town, any member of said council may preside over said court, and exercise the power of the mayor of said town in the trial of cases. Mayor's court. Sec. 11. Be it further enacted by the authority aforesaid, That said mayor's court shall have full power and authority upon conviction to sentence any offender against the laws of said town to pay a fine not to exceed one hundred dollars ($100.00), or in default of payment of same to labor on the streets of said town or any other public work in said town for a period not exceeding thirty (30) days, or to impse a fine not to exceed one hundred dollars ($100.00), in default of payment of such fine may, in his discretion, sentence such offender not to exceed thirty (30) days imprisonment in the guard house of said town; provided , that all persons sentenced to work in said town shall,

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when not at such work, be confined in the guard house of said town. Punitive powers. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to remove all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance or resolution, and it shall be their duty to prevent, by ordinance and suitable penalties, the running at large of stock, horses, mules, cattle, sheep, goats, hogs or other animals in said town, and to provide for the impounding of such animals at the expense of the owner thereof; and for the sale of the same to pay the expenses of such impounding, including feed bills. Nuisances. Stock law. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have complete control of the streets, alleys, sidewalks, bridges, cemeteries, all public property in said town; they may prohibit any encroachment thereon or interference therewith; they shall have the power to locate all cemeteries and regulate burials therein; they shall have power to lay off and open up new streets and alleys, and straighten streets that have already been opened; they may condemn private property in the manner now provided by law for condemning private property for public uses, the damage to be paid out of the treasury of said town. Control of streets, etc. Sec. 14. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to require every male inhabitant of said town who has resided in said town for thirty days, and is within the ages of from twenty-one and fifty years, to work such length of time on

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the public streets of said town as said mayor and council may direct, not to exceed ten days in any one year; said person so subject to work on said streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed the sum of four dollars per annum, to be fixed by ordinance, said work to be done or said commutation tax to be paid at such time as the council may prescribe; any person failing to work when required and failing to pay commutation tax, shall be punished in the manner prescribed by ordinance. Street tax. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power to pass any ordinance not in conflict with the laws of the State of Georgia, or the United States, to prohibit the storage or keeping for any illegal purpose within the incorporate limits of said town any wine, beer, malt, alcoholic or intoxicating drinks of any kind or nature, and to punish any person for violating such ordinances as they may deem best. Intoxicants. Sec. 16. Be it further enacted by the authority aforesaid, That in all cases where any taxes, fines, forfeitures, commutation or license fees are not promptly paid when due, the mayor of said town, on his own motion, shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa. , and if it be personal property, advertise the same at three or more public places in said town for ten days, and sell said property at the expiration of said time on the day named in said advertisement between the hours of ten o'clock a. m. and four o'clock p. m,. to satisfy said fi. fa ,

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If it be real property so levied on, said marshal shall return the fi. fa. with his entry of levy thereon, to the Sheriff of the county in which said land liesToombsand said property shall be by said Sheriff advertised and sold in the manner that all Sheriff's sales are made, and the proceeds of such sale applied to the satisfaction of such fi. fa. as provided by law. Collection of taxes, etc. Sec. 17. Be it further enacted by the authority aforesaid, That mayor and council may levy and collect for town purposes a tax not to exceed fifty cents on every hundred dollars on all of the real and personal property in said town subject to be taxed under the laws of the State of Georgia, said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in Sections 862 and 863, Chapter 2, Article 1, page 222, Volume 1, of the Code of 1910 of the State of Georgia. Said property to be assessed at its value on the first day of April in each year; provided, however , the tax payers shall first have the right to give in their taxes under oath during the month of April, and when so given in, said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true value. Said mayor and council shall have the right without reference to said board of assessors to fix and collect by execution, if necessary, a special tax or license on all kinds of business, callings, professions or occupations carried on in said town, and to punish by proper ordinances any person failing to pay said tax or license fees before engaging in business. Taxation. Sec. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall meet for the transaction of business at such time and place as they may prescribe; at all such meetings the mayor, if present, shall

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preside, and he may vote on all questions, four votes being necessary in all cases to carry any question or to elect any officer by said body, a less number in the absence of a quorum to adjourn the meeting over to a future time. Meetings of council. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, and regulations and resolutions of said town are faithfully executed; he shall look after the finances of the town, making report to the council from time to time, showing the receipts and expenditures of all departments and the status of the town generally; he shall have general jurisdiction of the mayor and council as a body corporate; he shall have control of the police of the town and may appoint special policemen whenever in his judgment it is necessary; he shall have the same power of a justice of the peace to administer oaths in said town, and to issue warrants for offenses against the State laws committed in said town, and hold courts of inquiry and commit offenders to the county jail in default of bond in the same manner and under the same rules and regulations of the Justice of the Peace of said State. Powers and duties of mayor. Sec. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy marshal or any police lawfully appointed in said town, may arrest without warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town, and carry such offender before the mayor's court for trial, and to this end may summon any citizen or citizens as a posse to assist in such arrest; he shall inform the mayor of the nature of the effense committed by the person or persons arrested; and the mayor

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shall enter on his docket such charge with a reasonable specification, and a party or parties so charged shall be required to answer to the same with any written accusation; provided, however , he or she shall at once be notified of the charge so preferred, and be given a reasonable time to prepare for trial. Arrests. Sec. 21. Be it further enacted by the authority aforesaid, That the mayor shall allow the accused in his court to give bond for his or her appearance to answer any charge at some future day, fixed by the court in any reasonable sum with good security, and if the accused fails to appear at the time fixed in his bond, the mayor shall enter on his docket opposite such case the words, Bond forfeited, and at once issue a rule or order requiring the principal and security in such bond to show cause at some future time why said bond should not be absolutely forfeited, and judgment entered against them for the full amount of the bond and cost; a copy of said order shall be served on said principal and security, by the town marshal or his deputy at least ten days before the day fixed for the trial of said case, and if the defendants fail to appear and show good and sufficient cause why the accused did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and cost, and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided , that no bond for violating ordinances of said town shall be required of more than one hundred dollars ($100.00) for one and each offense. Appearance bonds. Sec. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshals of said town to prosecute all offenders against the State laws where the offense is committed within the limits of said town,

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and to that end they shall swear out warrants, or cause the thing to be done, and arrest such offenders and carry them before the mayor of said town, or some other judicial officer for trial and committment, and such officer shall hold a court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a Justice of the Peace; it shall be the duty of the marshals of said town to keep order in said town, to serve all orders, to execute all judgments of the mayor's court and to discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town, and all orders, processes, writs, fi. fas. , shall be directed to the marshal of the town of Ohoopee, and shall be signed by the mayor of said town. Commitments. Sec. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall fix by ordinance the fees to be charged by the officers of said town for service performed by them, not to exceed the fees allowed the Sheriffs, clerks, tax-collectors and Justices of the Peace for similar services, and said officers shall never charge or accept under any circumstances any more fees than are allowed by such ordinances. Fees of officers. Sec. 24. Be it further enacted by the authority aforesaid, That the expenditures of said town government and the compensation of its officers shall be paid out of the town treasury on the order of the mayor, countersigned by the clerk of council; the treasurer shall keep a book in which he shall enter a true and correct record of all sums of money that come into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries in said book of all sums paid out by him, to whom paid, the date of payment, and the nature

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of the claim paid. He shall also take from the party a receipt for the amount so paid, and said book and said receipts shall be subject to inspection by the mayor and council, or any one of them at any time. Public money, how disbursed. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority and power to establish and maintain a chaingang for the purpose of working on the streets and elsewhere in said town, such persons as are convicted of violating any ordinance of said town, and sentenced to work in said chain gang; and the mayor and council are empowered to pass all necessary rules and laws for the regulation of the same not in conflict with the laws of the State of Georgia. Chaingang. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority when they deem it necessary, to appoint three good, intelligent citizens of said town as a sanitary committee, one of whom shall be a member of the town council; and it shall be their duty to visit the different parts of the town at least four times in each year, to-wit: In the spring, in the summer, in the fall and in the winter, and make a report at each time as to the sanitary condition of the town, with a recommendation as to what is needed to be done. When such report is made in writing by two members of said board or committee, whether concurred in by the other member or not, the council shall at once take some action on the report and recommendation, and if there appears no good reason why it should not be done, they shall carry out the recommendation of the committee. Sanitary committee. Sec. 27. Be it further enacted by the authority aforesaid, That the mayor and council of said town are hereby

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authorized and empowered to establish, maintain and control a system of public schools in said town, which shall be supported by local taxation and otherwise in the manner hereinafter provided in this Act; provided, however , that before the local tax can be levied and collected as herein provided for the support of said public school system, there shall be held in said town of Ohoopee, an election on the question of local taxation for the support of public schools, and all persons who are qualified to vote for mayor and councilmen of said town shall be allowed to vote, and no others. All voters who favor such local taxation for support of public shools shall have written or printed on their ballots, For public schools, and those who oppose shall have written or printed on their ballots, Against public schools, and in case two-thirds of the votes cast at said election shall be for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force; provided, further , that in case the vote at said election should be against public schools, then the mayor and council are authorized and empowered to again submit this question to the voters of said town under the same rules, regulations and qualifications after the expiration of six months, and may continue to do so at such intervals until an election shall result favorably to public schools. The mayor and council shall give thirty days notice of said election by posting a notice of the same at three public places in said town, two of which places shall be the council chamber and postoffice, said election to be held at the same place and in the same manner as elections for mayor and councilmen of said town are held. Public schools. Sec. 28. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Ohoopee,

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and their successors in office, be, and they are, hereby constituted a board of education for said town, under the corporate name of Ohoopee Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board is authorized to make such by-laws, rules and regulations for carrying out the provisions of this Act and for their government and control as to them seem right and proper, and which are not in conflict with the laws of this State. The mayor of said town shall be president of said board; the clerk of said town shall be secretary of said board, and the treasurer of said town shall be treasurer of said board. All of the members of said board shall serve without compensation, except the secretary and treasurer, who shall receive such compensation for their services as the board shall determine. Said secretary and treasurer shall each before entering upon the discharge of the duties of his office take and subscribe an oath to faithfully discharge the duties of his office and shall each give bond in such sum as shall be fixed by said board to faithfully account for all moneys coming into their hands as such officers, which said bonds shall be made payable to said board of education, and the said board of education is hereby empowered to bring suit and to maintain the said bonds in any court of this State for the breach of said bonds by said secretary or treasurer, and the proceeds of said suits be applied to the public school fund of said town of Ohoopee. Board of education. Sec. 29. Be it further enacted by the authority aforesaid, That said board of education shall have authority to establish, and from time to time modify, a system of public schools for said town of Ohoopee, providing separate

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schools for the white and black races, the term of said schools not to be less than six nor more than ten scholastic months in each year. Said board of education shall as soon as it is authorized to do so under this Act, make provisions for opening of said public schools. Said board of education shall have authority to purchase, build, rent and engage buildings for school purposes, and to accept gifts and donation of property, money and other things for school purposes; and all deeds taken to real property shall be to the Ohoopee board of education and their successors in office. Said board of education shall have authority to employ teachers for said schools, to prescribe their duties, and to suspend or discharge them for good cause; to prescribe the terms upon which pupils shall be admitted to said public schools, and to make such rules, regulations and by-laws as they may deem proper for maintaining a system of public schools for said town. Said board of education shall have the power to fix the compensation of all teachers employed in said schools and pay the same. Said board shall regulate the curriculum and the books to be used in said schools. A quorum of said board shall consist of a majority of its members. Said board shall have regular monthly meetings, the time and place to be fixed by the board, and they shall meet as often as the school interests may require, the president of said board having authority to call a meeting at any time. Said board shall keep minutes of all their meetings, which shall be open to inspection of any citizen of said town. Powers of board. Sec. 30. Be it further enacted by the authority aforesaid, That if the election provided for in this charter shall be in favor of public schools, then the mayor and council of the town of Ohoopee shall be authorized and empowered

Page 1497

to assess and collect, in addition to all other taxes provided for under this charter, a tax not to exceed one-half of one per cent. per annum on all of the taxable property of every kind in said town for the support of said public school system in said town, which said school tax shall be used exclusively for the purpose of establishing and maintaining said public schools; and provided, further , that it shall be lawful in the sound discretion and judgment of said board to charge and require a small incidental or matriculation fee for each resident pupil admitted into said schools, which amount shall in no event exceed fifty cents per month; provided, further , that said board may admit children whose parents, guardians, or natural protectors reside without the corporate limits of said town, upon the payment of such tuition as the board may prescribe. School tax Sec. 31. Be it further enacted by the authority aforesaid, That said board of education shall determine, as early as practicable in each year, what amount of money it will be necessary to raise by taxation to defray the expenses of said public schools for the ensuing year, which having been determined, said taxes shall be levied and collected as other taxes in said town are collected and turned over by the collecting officer to the treasurer of said board of education, and shall only be paid out under order of the said board, under such rules and regulations as they shall adopt. School tax, how levied. Sec. 32. Be it further enacted by authority aforesaid, That the board of education of Toombs county shall not, after the public school system herein provided for is put into operation establish or open any schools within the corporate limits of said town, nor have any authority or voice in management of the schools therein established

Page 1498

under the provisions of this Act by the said board of education of said town. County schools. Sec. 33. Be it further enacted by the authority aforesaid, That the County School Commissioner of Toombs county shall pay over to the treasurer of said Ohoopee board of education the pro rata share of State and county school funds to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town of Ohoopee, increased by the number of children of school age residing without the corporate limits of said town, but residing within the limits of Toombs county, who attend said schools. It shall be the duty of said board of education immediately upon the establishment of said public school system, and annually thereafter in the fall of each year, at such time as they may fix, to make and furnish to the board of education of Toombs county a complete list of all the children of school age residing in Toombs county and attending the public schools in said town of Ohoopee. Pro rata share of State school fund. Sec. 34. Be it further enacted by the authority aforesaid, That all ordinances, rules and regulations heretofore passed by the mayor and council of the town of Ohoopee, and in force at the time of the passage of this Act, shall remain in full force and effect to the same extent and as fully as if passed under the authority of this Act, unless inconsistent with the terms of this Act. Existing ordinances confirmed. Sec. 35. Be it further enacted by the authority aforesaid, That the present mayor and council of said town of Ohoopee shall hold their office until the expiration of the term for which they have been elected, and until their successors are elected and qualified. Present mayor and council.

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Sec. 36. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. OXFORD, CHARTER OF AMENDED. No. 48. An Act to amend an Act incorporating the town of Oxford, in the county of Newton, this State, approved December 23, 1839, and the several Acts amendatory thereto, so as to change the time of the annual election of the commissioners of said town and of the recorder of said town, and to provide that both a fine and imprisonment on public work may be imposed in the discretion of the recorder. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act incorporating the town of Oxford, Newton county, Georgia, approved December 23, 1839, and the several Acts amendatory thereof, is hereby amended as set out in this Act. Oxford, town of. Sec. 2. Be it further enacted by the authority aforesaid, That the time of holding election of commissioners of said town is hereby changed from the fourth Monday in March of each year to the second Monday of December, 1911, and to be annually thereafter on the second Monday in December. Election of commissioners, when held.

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Sec. 3. Be it further enacted by authority aforesaid, That the recorder of said town shall be elected on the first Tuesday in January, and annually thereafter on the first Tuesday in January. Recorder, election of. Sec. 4. Be it further enacted, That the recorder shall have power and authority to impose, in his discretion, both a fine and imprisonment, on public works of said town upon any person or persons convicted of a violation of the ordinances of said town; provided , said fine shall not exceed $100.00 and that said imprisonment on public works shall not exceed thirty days. Punitive powers of recorder Sec. 5. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. PALMETTO, CHARTER AMENDED. No. 46. An Act to amend the charter of the town of Palmetto, in the county of Campbell, so as to make the limit of the salary of the marshal of said town of Palmetto four hundred dollars per annum, and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section three of Act 7 P 9 printed on page 550, 557 and 552 of the published Acts of 1904, being an Act to amend an Act to create a new charter for the town

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of Palmetto, in Campbell county, and approved August 13, 1904, be, and the same is, hereby amended as follows, to-wit: Strike out of the eleventh line of said Section three of said Act the word three and insert in lieu thereof the word four, so as to make the salary limit of the marshal of said town of Palmetto four hundred dollars per annum. Palmetto, town of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Salary of marshal. Approved August 9, 1911. PARROTT, TOWN OF, CHARTER AMENDED. No. 34. An Act to amend the charter of the town of Parrott, in Terrell county, as amended, so as to authorize the election for mayor and councilmen to be held on the first Wednesday in November, 1911, fixing the terms of said officers at two years, and authorizing biennial election for said officers; also limiting the levy and collection of taxes therein for ordinary current expenses to one-half of one per cent. of the value of the property in said town, and for the extraordinary expenses, including education, the erection of a school house or houses, the maintenance thereof, or subscription therefor, to such sum or sums as the municipal authorities may direct; provided , the same is authorized in the manner required by law, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That from and after the passage of this Act that the charter of the town of Parrott, in Terrell county, be, and the same is, hereby amended by striking out the first sentence in the fifth Section of the Act incorporating said town found on page 835 of the Acts of the General Assembly of Georgia for the year 1889, as amended in Section two of an Act approved July 30th, 1903, found on page 654 of the Acts of the General Assembly of Georgia for the year 1903, and substituting in lieu thereof the following: That on the first Wednesday in November, 1911, and on the same day biennially thereafter, an election shall be held in said town for mayor and councilmen, whose term of office shall be for two years, and until their successors are elected and qualified. Parrott, town of. Election of mayor and councilmen. Sec. 2. That Section seven of the Act incorporating the town of Parrott, found on page 835 of the Acts of the General Assembly of Georgia for the year 1889, be amended by striking out the first sentence thereof and substituting in lieu thereof the following: That the mayor and council shall have power to levy and collect a tax for ordinary current expenses not exceeding five-tenths of one per cent. upon all the real and personal property within the corporate limits of said town, and for extraordinary expenses, including education, the erection of a school house or houses, the maintenance thereof, or subscription therefor, such sum or sums as the municipal authorities may direct; provided , the same, in case bonds are issued, or a debt is otherwise contracted, is authorized and approved in the manner required by law. Taxation. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911.

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PAVO, TOWN OF, ACT INCORPORATING REPEALED. No. 204. An Act to repeal an Act entitled An Act to incorporate the town of Pavo, in the counties of Thomas and Brooks, to grant certain powers and privileges to the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled An Act to incorporate the town of Pavo, in the counties of Thomas and Brooks, to grant certain powers and privileges to the same, and for other purposes, approved December 22nd, 1898, and being Act No. 175 of the Georgia Laws of 1898, be, and the same is, hereby repealed. Pavo, town of: Charter repealed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911. PAVO, TOWN OF, NEW CHARTER. No. 288. An Act to create a new charter and a municipal government for the town of Pavo, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the municipal government of the town of Pavo shall consist of a mayor and five councilmen who are hereby constituted a body corporate under the name and style of the town of Pavo, and by that name shall have perpetual succession, shall have a common seal and be capable in law and equity to purchase, hold, receive, enjoy, possess and retain to them and their successors, and for the use of the town of Pavo, any real and personal estate of whatever kind or nature within the jurisdictional limits of the town of Pavo, and shall by the same be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all the rights and liberties of the present corporation of Pavo; and the corporate limits of the town of Pavo shall be one-half mile in each and every direction from the intersection of Harris and Main streets. Pavo, town of: New charter. Corporate powers and corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That an election shall be held at the court house in the town of Pavo, on the second Monday in December, 1911, and annually thereafter, for a mayor and five councilmen, and a clerk and treasurer, to serve one year and until their successors are elected and qualified. The polls of said election shall be open at nine o'clock in the forenoon and closed at four o'clock in the afternoon. Elections for mayor and councilmen. Sec. 3. Be it further enacted by the authority aforesaid, That all male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who shall have paid all taxes imposed and demanded by the authorities of the town, and have resided six months within the jurisdictional limits of the said town, and no other person, shall be qualified to vote at said election. Voters.

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Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall cause the clerk of council of said town of Pavo to register the names of all the voters who are qualified to vote under the charter and under the laws of this State for municipal officers of the town of Pavo. Registration of voters. Sec. 5. Be it further enacted by the authority aforesaid, That the clerk shall provide a suitable book alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice in the papers, at least thirty days preceding the election, that his books are open for registration of voters who are qualified to vote for municipal officers; such books shall be closed one week before the election. Registration books. Sec. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person and to furnish said evidence of their qualification for registration, and in case the clerk is not satisfied as to the qualification of the applicant he may require the following oath or affirmative: I do swear that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia, from the county of Thomas, and have paid all taxes legally imposed upon me by the town of Pavo, so help me God. The clerk of the said town is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book, and may refuse to register such persons as may decline to take the oath aforesaid. Registration oath. Sec. 7. Be it further enacted by the authority aforesaid, That any person voting illegally in the municipal

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election of the town of Pavo, or falsely swearing in order to register, or otherwise violating any provision of this Act, shall, on conviction, be punished as prescribed in Section 1039 of Volume 3 of the Code of Georgia of 1895. Illegal voting. Sec. 8. Be it further enacted, That said election shall be held under the superintendence of a Justice of the Peace and two freeholders, or of three freeholders, who shall be appointed by the said council, and each of said election managers shall, before entering upon his duties, take an oath before some one authorized to administer an oath, that he will faithfully and impartially conduct said election, and will prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubt as to the qualification of any persons who vote therein, they shall have the power to administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States and are qualified to vote for members of the House of Representatives in the General Assembly of Georgia from the county of Thomas; that you have resided for the last six months within the town of Pavo, and have paid all taxes legally imposed and demanded of you by said town, so help you God, and any person who shall take this oath and shall swear falsely shall be deemed guilty of perjury. Elections, how held. Sec. 9. Be it further enacted, That the person or persons who shall receive the highest number of votes at said election for mayor, council, and town clerk, respectively, shall be declared duly elected. Plurality of votes elects. Sec. 10. Be it further enacted, That in case of any vacancy among members of the council or in the office of

Page 1507

the town treasurer, either by death, resignation, failure to elect or removal from office or removal from town, or other cause, the mayor shall order a new election to fill said vacancy, giving ten days notice thereof in the public gazette and the registration for the last preceding election shall be applied thereto. In case of the death of the mayor, his resignation, removal from office or removal from town, or of a vacancy for any cause in the office of mayor, the said council shall in like manner order a new election for filling of said vacancy, in each case giving ten days notice in the public gazette of said town, and the registration of the last preceding election shall be applied thereto; provided , that if any vacancy shall occur within six months next preceding the regular election, no special election shall be called to fill said vacancy. If the vacancy is in the office of mayor, the mayor pro tempore shall, upon taking oath as mayor, serve out the unexpired term, and said council shall elect a new mayor pro tempore ; if the vacancy is in the office of treasurer, the mayor and council shall proceed to elect a new treasurer to fill out the unexpired term; if the vacancy is in the office of councilman, there shall be no election to fill out the same unless the council is reduced by vacancies to less than a quorum, which is hereby declared to consist of three councilmen besides the mayor or acting mayor. Vacancies. Sec. 11. Be it further enacted, That after the votes of mayor, council and town clerk at each election have been counted by the managers they shall have two certified copies of the tally sheet made out, one of each shall be handed to the mayor for the time being, and the other shall be retained by the managers, and as soon as the mayor, as aforesaid, shall be informed of the result of the election, he shall cause the persons elected as aforesaid to be notified of the same, and the persons so elected shall attend on the

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first Monday night thereafter, at the council chamber and the mayor and each of the members of the council shall take and subscribe before the judge or clerk of some court of record of this State, or before a Justice of the Peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor or councilman (as the case may be) during my continuance in office. I have not in order to influence my election to this office, directly or indirectly promised my vote or support to any person for office in the said government of Pavo, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in said government, to be influenced by fear, favor or the hope of reward, but in all things pertaining to my said office I will be governed by what, in my judgment, is for the public good and the best interest of the town. The town treasurer shall take the oath of office hereinafter prescribed. Oath of officers. Sec. 12. Be it further enacted, That in case the mayor or any member of the council, while in office, shall be guilty of any wilful neglect, malpractice or abuse of power confided to him, he shall be subject to indictment therefor in the Superior Court of the county of Thomas, and on conviction shall be fined a sum not to exceed one hundred dollars, which said fine shall be paid to the town treasurer for the use of the town of Pavo, and he shall moreover be removed from office upon conviction. Mayor and councilmen liable to prosecution. Sec. 13. Be it further enacted, That no person shall be eligible as mayor or councilman or clerk and treasurer of Pavo unless such person is a qualified voter of said town at the time of his election to such office. Qualifications of mayor and councilmen. Sec. 14. Be it further enacted, That the mayor shall receive such salary as shall be fixed by the board of councilmen

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of the town of Pavo; he shall be allowed to vote in the election of all municipal officers chosen by the council; he shall preside at all meetings of the town council, but shall have no vote on legislative questions before the body, except in case of a tie; he shall have the veto power and may veto any ordinances or resolutions of the council, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on a yea and nay vote, duly recorded in the minutes of the town council; but unless he shall file in writing with the clerk of the council his veto of any measure passed by that body, with reasons which impel him to withhold his assent, within four days of its pasage, the same shall become a law just as if affirmed and signed by said mayor. The mayor shall preside over the police court hereinafter provided for, and shall have the power to punish for contempt both before the town council and before said police court, by any fine not to exceed twenty dollars, or by imprisonment in the said guard house not to exceed forty-eight hours, either or both, or in the alternative, in the discretion of the mayor. It shall be a duty of said mayor to preserve the peace, and he shall be ex-officio a Justice of the Peace so far as to enable him to issue or try warrants for criminal offenses committed within the jurisdiction of the town of Pavo. The mayor of Pavo shall be ex-officio chief executive officer of said town, and to him the police officers and all of town employees, under the jurisdiction of the mayor and council, shall be directly and immediately subject. Mayor, salary, duties and powers. Sec. 15. At its first regular meeting upon organization, the board of councilmen shall elect one of their number mayor pro tempore , and in case of resignation, death, removal, disability or disqualification of the mayor, the mayor

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pro tem . so elected shall, upon taking the oath as mayor, serve as mayor, with all the rights, powers and duties of the mayor in all respects. If the services of the mayor pro tem . shall continue for as long as thirty days, he shall be compensated at the same rate and in the same manner that the mayor is paid, and in such compensation shall be deducted from the salary of the mayor, unless said mayor's disqualification was from providential cause. Mayor pro tem. Sec. 16. Be it further enacted, That the legislative body of the town of Pavo shall consist of five councilmen, who shall be elected at the same time and for the same term as the mayor. The qualification of the councilmen shall be the same as those of the mayor, and they shall receive no salary for their work except that they as well as all town officers, shall be exempt from street tax. Legislative department. Sec. 17. Be it further enacted, That the qualifications of the clerk shall be the same as those of the mayor; he shall take such oath of office as the mayor and council may prescribe, and shall give bond in the sum of five hundred dollars, with good and sufficient security, to be approved by the mayor and council, for the faithful performance of his duties; he shall be the clerical officer of the council and his duties shall be such as shall be prescribed by the ordinances of the town and by the mayor and council; his compensation shall be one hundred dollars, payable monthly, which amount may be raised by the mayor and council should they deem it necessary. Clerk. Sec. 18. Be it further enacted, That at the first regular meeting the mayor and council shall elect a city attorney, whose duties shall be such as are required by the ordinances of the town by the direction of the mayor and council. The

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said attorney shall be paid such compensation as may be agreed between himself and the mayor and council; whenever in the judgment of the mayor and council, it shall become necessary to employ additional counsel to assist the said attorney, authority to do so is hereby conferred upon said mayor and council. City attorney. Sec. 19. The mayor and council shall have authority to elect a town sexton, to have the superintendence of and care of the town cemeteries, whose duties shall be such as are prescribed by the mayor and council, and by the ordinances of said town; he shall receive for each interment such fees as may be fixed, and he shall receive such compensation as may be prescribed by the ordinances of said town and by the mayor and council. Sexton. Sec. 20. Be it further enacted, That the mayor and council shall have the authority to elect a town physician, whose duties shall be such as are required of him by the ordinances of said town and by the direction of the mayor and council, and whose compensation shall be fixed by the ordinances of the town and by the mayor and council. Physician. Sec. 21. Be it further enacted, That the mayor and council shall have the power to elect three persons as a board of health, and the chairman of the sanitary committee of the said council shall be ex-officio chairman of the board of health. The duties, powers and compensation of said board of health shall be such as are fixed and prescribed in the ordinances and by-laws of said town of Pavo. Board of health. Sec. 22. Be it further enacted, That at the first regular meeting the mayor and council shall elect one marshal,

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who shall be ex-officio chief of police, and as many additional policemen as, in the judgment of said mayor and council, may seem proper and necessary. Such officers shall be paid such compensation as may seem proper to the mayor and council; shall give bond with good and sufficient security, to be approved by the mayor and council, in such amount as may be determined upon by said mayor and council for the faithful performance of their duties, and shall perform such duties as may be required of them by the ordinances of said town and by the mayor and council. Their fees shall be prescribed by the ordinances of said town and by the mayor and council. The mayor and council of said town shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty or failure to perform duty or incapacity, and the mayor at any time during recess of council suspend any of said officers for breach or neglect of duty for a period of not to exceed ten days, without pay, and appoint a substitute therefor. Marshal and policemen. Sec. 23. Be it further enacted, That the mayor and council of said town shall be empowered to employ such additional police or detective force as the good government of said town may require. The compensation and duties of said force shall be determined and fixed by said mayor and council. Police force. Sec. 24. Be it further enacted, That the mayor and council shall have the power to organize a mayor's court, and the mayor or acting mayor shall preside therein and hold session daily, or as often as may be necessary to clear the guard house. He shall have cognizance of all violations of town ordinances, and may punish all violations of said ordinances by any fine not to exceed one hundred dollars,

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by imprisonment in the county jail of Thomas or Brooks county, or in the town guard house of Pavo for any term not to exceed ninety days, or by compulsory work not to exceed ninety days in the chaingang of Thomas county, upon public work of said county or by compulsory work at such other place as the mayor may direct, any or all of the above punishments to be inflicted in the discretion of the mayor or acting mayor, and said mayor or acting mayor shall have the authority to impose any of the above punishments in the alternative. Mayor's court. Sec. 25. Be it further enacted, That the mayor shall have the power in his court, if the offence charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail, or bail of the offense be bailable, by a Justice of the Peace, under the laws of the State to appear before the Superior Court of Thomas county or the City Court; provided , there is no Justice of the Peace available in said town. Commitments. Sec. 26. Be it further enacted, That the mayor and council of Pavo shall have the power to authorize by ordinance to marshal or any police of the town, to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Sec. 27. Be it further enacted, That it shall be lawful for the marshal or any police of said town to arrest, without warrant, any person or persons within the corporate limits of said town who at the time of said arrest, or before that time have been guilty of violating any of the ordinances

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of said town, and to hold said person so arrested until a hearing of the matter before the proper officers can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison or in jail of Thomas county for a reasonable length of time. The marshal and policemen of said town are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands, charging any persons with violating the criminal laws of this State. The marshal and policemen of this town are also authorized to arrest anywhere within the limits of this State, any of the persons charged with violating any of the ordinances of the town of Pavo; provided , that said marshal or policemen shall not be authorized to arrest any person or persons outside of the incorporate limits of said town except in obedience to a written warrant signed by the mayor or acting mayor. Arrests. Sec. 28. Be it further enacted, That the jailor of Thomas county shall receive persons arrested by the officers of said town of Pavo, or convicted in the mayor's court of said town, or bound over from said court into the jail of Thomas county upon the same terms as other prisoners, and the said town of Pavo shall be responsible to said jailor for the expenses of keeping said prisoners when they are confined for violating the ordinances of said town. The mayor and council are hereby authorized to make such contracts as they see proper with authorities of Thomas county for the hire of city convicts. Prison. Sec. 29. Be it further enacted, That the marshal or any policeman of said town shall release any person arrested for a violation of the ordinances of said town upon said persons giving a bond, to be approved by the mayor

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or acting mayor of said town, conditioned to pay the town of Pavo an amount fixed by the mayor or acting mayor of said town. In the event such person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in bond, said bond may be forfeited before the mayor's court of said town of Pavo, as the mayor and council shall have authority to compel the attendance of witnesses, whether resident of said town or not, if necessary, and to take bonds to secure their attendance, and to forfeit such bonds before the mayor's court, and to pass ordinances to carry this into effect. Appearance bonds. Sec. 30. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said town, and by ordinances provide for the abatement of same; the mayor's court of said town of Pavo shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances in said town. Nuisances. Sec. 31. Be it further enacted, That the mayor and council of the town of Pavo shall have the power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said town, and to pass such ordinances as may be deemed by them necessary for the regulation of stock within said town; also, to levy such tax as may seem proper to them on dogs. Stock law. Sec. 32. Be it further enacted, That the mayor and council of said town shall have the power to require every male inhabitant in said town, who by the laws of the State

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is subject to work on the public roads, to work such length of time on the streets of said town as the mayor and council of said town may by ordinance direct, in no case to exceed fifteen days in one year. Said persons so subject to street work shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event exceed five dollars per annum, said street work to be done and commutation tax to be paid at such times as said mayor and council may by ordinance direct. Any persons subject to work or pay such tax, and failing to do so after being promptly notified, may be punished in the mayor's court as the mayor and council may by ordinance prescribe. Street tax. Sec. 33. Be it further enacted, That said mayor and council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change or modify its limits from time to time; to prescribe when and how and of what material buildings in said limits may be erected; how thick the walls must be; how the chimneys, stove pipes and flues are to be constructed, and generally, to do all such things as they may deem necessary in order to protect said town as far as possible from danger from fire, and to prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction and arrangements of buildings, chimneys, stove pipes or flues, or to order the removal thereof, when in their judgment are dangerous or likely to become dangerous, and to make the owner of the premises pay the expenses of such changes or removal, which expenses may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of the town, said mayor and council

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may order such buildings removed or altered, and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expenses may be collected as taxes are collected. Fire limits. Sec. 34. Be it further enacted, That the mayor and council of the said town of Pavo are by this Act authorized and empowered to submit to the voters of said town, under the provisions of the Code of Georgia, 1895, Section 337 to 381, inclusive, the question of issuing bonds in a sum not to exceed $25,000.00 and to be sold for the purpose of establishing, building, maintaining and operating a system of waterworks, or a system of electric lights, one or both of said systems, for the said town of Pavo, and at said election the ballots shall be written or printed For waterworks and bonds, or For electric lights and bonds, or Against electric lights and bonds, or For waterworks and electric light bonds, or Against waterworks and electric light bonds, as the case may be. The said town having the right it is hereby enacted, to call an election to vote upon the question of establishing, building, maintaining and operating plans for either the waterworks or electric lights, or for both, as may be decided upon and deemed the best for the town's interest, by the mayor and council of said town. Should the said election or elections herein provided for result in favor of waterworks or electric lights, or both, then the mayor and council of the town of Pavo shall be, and they are, hereby authorized and empowered to issue bonds for said purpose not to exceed in the aggregate ($25,000.00) twenty-five thousand dollars, each of said bonds to be in such sums as the mayor and council may name, term and designate. Light and water.

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Sec. 35. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full and complete control of the streets and sidewalks, alleys and squares of the town, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading, or in any way changing the street lines and sidewalks of said town; and when the mayor and council of said town shall desire to exercise the power and authority granted in this Section, it may be done, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, in the manner provided by Section 4657 and 4686 of Volume 2 of the Code of Georgia, 1895, and the Acts amendatory thereof. The mayor and council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences, gates, post or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provisions of this Section by appropriate ordinances. Control of streets, etc. Sec. 36. Be it further enacted, That the mayor and council of said town shall have full power, whenever they may deem it necessary, to require all railroads in said corporate limits to make crossings on their several roads where they cross the public streets or roads in said town for the convenience of the traveling public, and to keep the same open for travel, and to pass ordinances needful for the carrying out of the provisions of this Section. And in case said railroads shall fail or refuse to make said crossings when notified so to do, the mayor and council shall have the power to put same across such railroads at the expense of said railroads, and may issue their executions

Page 1519

and levy and collect the same as provided by law for executions of municipal taxes. Railroad crossings. Sec. 37. Be it further enacted, That the mayor and council of said town shall have full power and authority to pass all laws and ordinances concerning the draining and proper maintenance and care of the streets, alleys and sidewalks and other public places of said town, to provide for the paving of the same or any part thereof, whenever in their judgment the same becomes necessary, and to provide how said paving, whether by said town or whether by the adjacent landlords or by both. Street improvements. Sec. 38. Be it further enacted, That the mayor and council shall have authority to tax and grant licenses to persons keeping markets in said town; also, to tax and license theaters, shows, exhibitions and fairs of all kinds, as well as itinerant dealers of all kinds. Special taxes. Sec. 39. Be it further enacted, That the mayor and council shall not have the power and authority to license or authorize persons to sell intoxicating liquors of any kind, but may punish by ordinance the sale of any patent medicine which, drunk to excess, will produce intoxication, and may also punish any persons keeping or storing within the corporate limits intoxicating liquors for the purpose of illegal sale. Intoxicants. Sec. 40. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm or corporation whether a resident or nonresident of the town of Pavo, engaged in or carrying on, or who may engage in or carry on any trade, business, vocation or profession within the incorporate limits of said

Page 1520

town, either by themselves or by their agent or agents, to register their names and business, calling, vocation or profession annually, and to require such persons, firm or corporation to pay for such registration and for license to pursue, carry on, or engage in such business as the mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the special tax and to register, who shall engage in such business, calling or profession without first complying in all respects with the town ordinances in reference thereto. Business tax. Sec. 41. Be it further enacted, That the mayor and council are hereby given authority to pass such ordinances as are necessary and proper in order to carry the foregoing Section into effect. They are also empowered to classify business and to arrange the various business, trades and professions carried on in said town into such classes of subjects for taxation as they may deem just and proper. Classification of business. Sec. 42. Be it further enacted, That the mayor and council of Pavo shall have power and authority to levy and collect a tax annually of not exceeding one and one-fourth per cent. upon all and every species of property both real and personal, within the limits of the town of Pavo, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Ad valorem tax. Sec. 43. Be it further enacted, That said mayor and council shall at their first meeting in January of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters in said town, and owners of real

Page 1521

estate therein, as city tax assessors, whose term of office shall be one year. Said town assessors shall at any time be removed from office by the mayor and council for good and sufficient cause, to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said town for the purpose of taxation of said town, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the value placed thereon is too small. The mayor and council shall have the authority to prescribe rules for the government of said town tax assessors; said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any tax payer is dissatisfied with the assessment made on his property, either real or personal, by said assessors, such tax payer shall, within ten days after the assessors have made their returns to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk it shall be his duty to notify the mayor of the fact, and it shall be the duty of the mayor to forth-with name an arbitrator to represent said town in fixing the value of the property in dispute, and the two arbitrators so selected shall be immediately notified by the clerk, and shall forthwith select an umpire; and the board of arbitration so constituted shall immediately proceed to give their award as to the value of such property, which award shall be returned to the city clerk, and shall be final on both the city and the tax payer. The assessors shall

Page 1522

take such oaths and shall receive such compensation as the mayor and council shall prescribe. They shall have the power to require any tax payer to furnish them a list of his notes, accounts, mortgages, stocks, bonds and other securities and investments whenever, in their opinion, the same is necessary for a correct assessment, and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. The mayor and council shall have the power and authority to pass such ordinances as are required to effectuate this Section. Tax assessors. Sec. 44. Be it further enacted, That the mayor and council of said town shall have power and authority to provide by ordinance when the taxes of said town shall fall due, in what length of time said taxes shall be paid, when tax executions shall be issued against defaulters, and to fix a penalty for the non-payment of taxes when due. Taxes, when due. Sec. 45. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the town or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said town, signed by him, bear test in the name of the mayor, and be directed to the marshal of said town and his deputies, and to all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom the said execution is issued, or of certain property described in the execution, they make the levy and sale, the amount due on the execution, with all cost; the mayor and council shall by ordinance provide for the time and place of the method of conducting and all registrations governing the marshal's sales under said execution. The

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sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued by the town of Pavo as they levy and collect executions issued from the respective courts of which they are executive officers. Taxes, etc., how collected. Sec. 46. Be it further enacted, That nothing in this Act shall affect the present officers of the town of Pavo, or their fees or salaries, or the license and special taxes, or the tax rate fixed by the ordinances of said town for the year 1911. Effect of this Act in 1911. Sec. 47. Be it further enacted, That the power to carry out and effectuate by ordinance each and every power granted to the town of Pavo in this Act is hereby expressly conferred on the mayor and council of said town; and said mayor and council shall have, generally, the power and authority to make and pass such rules, by-laws and ordinances as shall appear to them necessary or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said town of Pavo. General welfare. Sec. 48. Be it further enacted, That the mayor and council of said town shall have the right to elect such other municipal officers, besides those herein specified, as may seem to them necessary and proper, providing therefor, when necessary, by ordinance, and in the same manner prescribing their duties and fixing their compensation. Officers. Sec. 49. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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PRESTON, CHARTER AMENDED. No. 36. An Act to amend the charter of the town of Preston, approved December 17th, 1901; to provide for said town of Preston to issue bonds; as provided by law; to install, buy, own and operate a system of water works to erect buy, own and operate an electric light plant; to appoint or elect tax assessor for said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that Section 18, of an Act approved December 17th, 1911, entitled: An Act to repeal all the several Acts, and amendments thereto incorporating the town of Preston, in the county of Webster, approved December 22nd, 1857, and the repealing Act incorporating the town of Preston, approved October the 25th, 1870, so as to repeal the present charter of the town of Preston, Webster county, and to enact in lieu thereof a new charter for said town, and to provide for a mayor and council; to prescribe their powers and duties, and to define the corporate limits of said town, and to provide for the election of a mayor and aldermen for the government thereof, and for other purposes, be and the same is hereby amended by striking out the following words in the third line of said Section to-wit: one fourth of and by adding to said Section after the word town the following words, said commutation tax shall not exceed five dollars for any one year, so that when said section is amended it shall read as follows: Be it further enacted by the authority aforesaid, That the mayor and council shall

Page 1525

have power to levy and collect a tax not to exceed one per cent, upon all property real and personal, subject to taxation, within the corporate limits of said town. They shall also have power and authority to require of all persons within said town, subject to road duty under the laws of this State, to work on said streets, alleys and sidewalks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe, which shall be used only in working the streets, alleys and sidewalks of said town; provided said commutation tax shall not exceed five dollars for any one year. Preston, town of: Commutation tax. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to call an election in said town for the purpose of issuing bonds as now by law provided for issuing bonds in municipalities in this State. Municipal bonds. Sec. 3, Be it further enacted by the authority aforesaid, That mayor and council shall have power and authority to purchase, own or construct and operate a water works plant within said town for the purpose of furnishing water to the residents of said town or to any one not a resident of said town and to make such charges for said water as they may see proper to do so. waterworks. Sec. 4. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority, to buy own erect and operate an electric light plant within said town or near said town, as they may think best for the purpose of furnishing lights for said town and to individuals or corporations and to furnish power and such parties as they may desire to furnish, and to have the right and authority to charge for said lights and power. Electric lights.

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Sec. 5. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power to elect at the same time the other town officers are elected by them, three persons, free holders, residents of said town, as assessors, who shall hold their office for two years unless removed by the mayor and council for cause to be judged of by them. It shall be the duty of the assessors to assess the value of all the property, both real and personal within the corporate limits of said town subject to taxation. Said assessors shall make returns to the said mayor and council and the said mayor and council shall place said assessment so returned in the hands of the clerk, who shall enter the same on his digest and the same shall be collected as the other taxes of the town and as otherwise provided in the charter of said town, provided , that if any tax payer is dissatisfied with said assessment, he or she may appeal to the mayor and council for a correction of said assessment within fifteen days after the assessor's returns have been completed and handed in as provided for in this Section and the judgment of said mayor and council shall be final as to the assessment. Said mayor and council shall elect said assessors for the year 1911 to assess the property for said year 1911 at their first meeting after this Act is passed. Tax assessors. Sec. 6. Be it further enacted by the authority aforesaid, that said assessors, before they enter upon the discharge of their duties, shall take and subscribe an oath before the mayor, faithfully and truly to assess all the property within the corporate limits of said town, and to return such assessment to the mayor and council thereof with the names of the owners thereof and shall receive for their services such sums each as the mayor and council shall order. When the tax assessments and corrections, if

Page 1527

any, are completed and entered upon the digest by the clerk, he shall turn over the books for that year to the treasurer of the town, who shall be ex-officio tax collector, who shall proceed to collect the taxes as assessed. The treasurer shall report to the mayor and council all taxes not collected when the books for any year have been closed, and the mayor shall issue executions against all persons who fail to pay by the time fixed for issuing executions, as provided in Section 22 of said charter which said execution shall be a lieu second only to the lieu for State and county taxes on all property owned by the defaulting tax payers. The execution shall be turned over to the marshal of said town, who shall proceed to collect them in the same way as executions for State and county taxes are collected, and shall levy, advertise and sell property as provided in Section 22, in the charter of said town. The deed of the marshal of said town to any property sold under such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided however, That any person whose property has been sold for taxes, shall be allowed to redeem the same by paying to the purchaser as any time within twelve months from the date of the sale the full amount of his bid, with ten per cent. premium; provided , further, That this Section shall not go into effect until said mayor and council shall so declare by ordinance regularly and legally passed. Taxes, how assessed and collected. Sec. 7. Be it further enacted by the authority aforesaid that Section 21, of the charter of the said town of Preston be and the same is hereby repealed.

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Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911. QUITMAN, SCHOOL LAW AMENDED. No. 51. An Act to amend an Act approved November 4th 1889, entitled An Act to amend an Act approved December 26th, 1888, being an Act to establish a system of public schools in the town of Quitman, in the State of Georgia, to provide for raising revenue for maintaining said schools, to authorize the county school commissioner of Brooks county to pay to the board of education of said public schools such part of the State school funds as may be their just pro rata share thereof by striking out the word one tenth in the sixth, seventh and twelfth lines of Section one of said Act approved November 4th, 1889 and inserting in lieu thereof the word two tenths and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, an Act approved November 4th 1889, to amend an Act approved December 26th 1888 to establish a system of public schools in the town of Quitman, be itself amended as follows: that the words one tenth appearing in the sixth, seventh, and twelfth lines of Section one of said Act approved November 4th 1889 be stricken out and in lieu

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thereof the words two tenths be substituted, so that said Section one of said Act when amended will read as follows: That from and after the passage of this Act, an Act approved December 26th 1888, to establish a system of public schools in the town of Quitman, be amended as follows. That after the word tax in the fourth line of Section one of said Act the words not exceeding two tenths of one per cent be inserted, and that the words after Act in the seventh line of said Section and before the word and in the ninth line thereof, be stricken so that said Section when so amended shall read as follows: That from and after the passage of this Act the Town council of Quitman are hereby authorized and empowered and required to levy a special tax not exceeding two tenths of one per cent on all the property in said town of Quitman, that is subject to taxation as will be necessary to carry out the provisions of this Act. That the revenue derived from the following sources by the said town of Quitman be and they are hereby appropriated to the maintenance of said public schools and shall be turned over by the corporate authorities of said town to the Board of Education to be chosen and elected by the legal voters of said town when collected, to-wit: All proceeds from the grant of license to sell spirituous liquors by said town authorities within said town and all proceeds from the grant of licenses to circuses and other shows travelling through the country and exhibiting in said town. Quitman, town of: School fund. Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 9, 1911.

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RAY'S MILL, CHARTER OF AMENDED. No. 147. An Act to amend an Act entitled An Act to incorporate the city of Ray's Mill in the county of Berrien, State of Georgia, approved August 16th, 1909, so as to change the number of aldermen and terms of office and to provide for filling vacancies in the office of mayor and aldermen and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Section four of the Act referred to, found on page 1216, Act of 1909 be stricken in its entirety, and the following inserted in lieu thereof: Ray's Mill, town of. Section 4. That on the first Tuesday in January, 1912, there shall be an election for mayor and four aldermen in and for said city, for a term of one year, who shall serve until their successors are elected and qualified, and there shall be annually thereafter, on the first Tuesday in January, a mayor and four aldermen elected, and there shall only be hereafter a mayor and four aldermen as the body corporate of said city. Election of mayor and aldermen. Sec. 2. Be it further enacted that Section six of said Act aforesaid be stricken in its entirety, and substitute in lieu thereof the following: Section 6. That in the event the office of mayor or any one or more of the aldermen shall become vacant by death, resignation, removal or otherwise, said vacancy shall be filled in the following manner: that within ten days after the vacancy occurs, the mayor shall call an election to be

Page 1531

held in not less than 20 days nor more than 30 days after date of the order calling the election and on the date that the mayor passes the order calling the election there shall be posted on the door of the council chamber or place where the mayor and aldermen hold their meetings, one notice; there shall be one notice posted at the post office; and another notice posted at the depot in said city, giving notice of the time and place of holding said election to fill said vacancy and such person so elected shall hold his office until his successor is duly elected and qualified. Vacancies. Sec. 3. Be it further enacted that the provisions of this amendment to the charter of the city of Ray's Mill shall not go into effect until the first Tuesday in January 1912, or as soon thereafter as the successors to the present incumbents are elected and qualified. This Act becomes effective in January 1912. Sec. 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1911. SAVANNAH, CITY OF, PARK AND TREE COMMISSION AMENDED. No. 196. An Act to amend an Act of the General Assembly of the State of Georgia entitled An Act to create and organize a Park and Tree Commission for the city of Savannah, to define its jurisdiction and powers, and for other purposes, approved November 30, 1895, as amended by an Act of the Legislature approved December 23,

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1896, entitled An Act to amend an Act of the Legislature approved November 30, 1895, entitled an Act to create and organize a Park and Tree Commission for the city of Savannah, to define its jurisdiction, and powers, and for other purposes approved November 30, 1895, by striking out the last sentence of Section 5 of said Act as amended and inserting in lieu thereof the following, to-wit: The said commission is hereby vested with the power to appoint a keeper or keepers of Laurel Grove cemetery, Bonaventure cemetery or any other cemetery in or controlled by said city. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Section 5 of an Act approved November 30, 1895, entitled An Act to create and organize a Park and Tree Commission for the city of Savannah, to define its jurisdiction and powers, and for other purposes as amended by An Act to amend an Act of the Legislature entitled an Act to create and organize a Park and Tree Commission for the city of Savannah, to define its jurisdiction and powers, and for other purposes approved December 23, 1896, be and the same is hereby amended by striking out the last sentence of said Section, that is to say by striking from said section the following words, to-wit: But the said commission shall not have the power to appoint a keeper of Laurel Grove cemetery or of any other cemetery in or controlled by said city, the election of such official or officials being hereby vested in the mayor and aldermen of the city of Savannah, in council assembled, and inserting in lieu thereof the following words, to-wit: The said Commission is hereby vested with the power to appoint a keeper or keepers of Laurel Grove cemetery, Bonaventure cemetery of any other cemetery in or controlled by said city, so that said Section 5 of said original Act as amended shall

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read as follows, to-wit: Section 5. Be it further enacted, That the said commission shall have entire charge and control of the expenditure of the appropriation of money which may be made by the mayor and aldermen of the city of Savannah, in Council assembled, for parks, squares, cemeteries aforesaid, trees and grass plots and flowers, and the same shall be paid out of the city treasury upon bills or resolutions, certified to by the secretary of the said commission. The said commission shall have control of its own laborers, it being the intent and meaning of this Act that whatever moneys are expended by the city of Savannah upon the care, preservation and managment of parks, squares, cemeteries aforesaid, trees, grass plots and flowers in said city shall be done solely under the direction, approval and management of this commission. The said commission is hereby vested with the power to appoint a keeper of Laurel Grove cemetery, Bonaventure cemetery or of any other cemetery in or controlled by said city. Savannah, city of: Keepers of cemeteries. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1911. SAVANNAH, CITY OF, FERRY RIGHTS. No. 35. An Act to authorize the mayor and aldermen of the city if Savannah to exercise ferry rights and to establish, own and operate a ferry across the Savannah river, including what is known as Back river, from a point or

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points in the corporate limits of the said city of Savannah to a point or points on Hutchinson island or to a point or points on the South Carolina shore, either or both, to purchase and hold any ferry rights heretofore granted, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and aldermen of the city of Savannah, a municipal corporation of the State of Georgia, is hereby authorized and empowered to exercise ferry rights and to establish, own and operate a ferry across the Savannah river, including what is known as Back river, for the carriage of freight and passengers, from any point or points within the corporate limits of the City of Savannah to any point or points on Hutchinson island or on the South Carolina shore of the Savannah river, either or both, as the said corporation may decide. Savannah, city of: Ferries across Savannah river. Sec. 2. Be it further enacted, That the said municipal corporation in the establishment of said ferry is hereby authorized to purchase, receive and hold any existing ferry franchise now held by any other person or corporation. May acquire existing franchises. Sec. 3. Be it further enacted, That the said municipal corporation is hereby authorized to exercise the ferry rights hereby conferred either alone or in conjunction with any other person or corporation or to lease and operate any existing ferry franchise either alone or in conjunction with any other person or corporation. May operate ferries in conjunction with others. Sec. 4. Be it further enacted, That the said municipal corporation is hereby authorized to pass such ordinances in regard to charges for the transporation of freight and

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passengers and adopt such rules for the general regulation of the ferry as it may deem reasonable and advisable, and to appropriate from its funds such amounts from time to time as are necessary for carrying out the objects of this Act. Transportation charges. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 9, 1911. SCOTLAND, TOWN OF, INCORPORATED. No. 271. An Act to incorporate the town of Scotland, in the counties of Telfair and Montgomery, to define the limits thereof, to provide for the election of a mayor and councilmen therefor, and for their successors; to grant power and privileges to the same; to provide for the working of streets and sidewalks in said town; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health whenever in the judgment of the mayor and council of said town said action may be advisable; to declare and define police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define the method of arriving at the value of such property and compensating the owner therefor; to authorize the town of Scotland to establish a system of waterworks and a system of electric lights

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under such restrictions as are provided for by the State law, whenever in the judgment of the mayor and council of said town such course may be deemed advisable, and to issue bonds for any one or all the purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting license to all kinds of business, trades, calling, professions; to provide for the prevention of the delivery and receiving of intoxicating liquors and whiskies within the incorporate limits of said town; to provide for seizure and disposition of said intoxicants; to provide for the fixing of the fiscal year; and to grant a charter to said town under the corporate name of the town of Scotland; to provide a system of public schools for said town, whenever in the judgment of the mayor and council of said town said action may be advisable; to provide for a levy of taxes to meet the expense of the town and school system, and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Scotland, in the counties of Telfair and Montgomery, be, and the same is, hereby incorporated as a town, under the name of the Town of Scotland. Scotland, town of incorporated. Mayor and Councilmen. The corporate powers of said town shall be vested in a mayor and four councilmen, and by the names of mayor and council of the town of Scotland they may sue and be sued, plead and be impleaded, have a seal and exercise all corporate powers that may be necessary in the performing of their duties. Corporate powers. Sec. 2. Corporate Limits. Be it further enacted, That the corporate limits of said town shall be as follows: Onehalf

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of one mile in all directions from the public artesian well in said town, making said corporate limits a circle one mile in diameter, with said artesian well in the center thereof. Corporate limits. Sec. 3. Mayor and Council Elected. Be it further enacted, That after the passage of this Act, an election shall be held in said town for the election of a mayor and councilmen, after notice of the time and place of holding such elections shall have been given in writing by posting the same at the postoffice by any ten citizens residing in said town at least ten days before such election, and on the first Tuesday in each succeeding January thereafter there shall be held an election in said town to elect a mayor and councilmen thereof. If any such election should not be held at the time and place herein designated the same shall thereafter be ordered held by the mayor and council of said town after giving twenty days' notice in writing by posting the same at one or more public places in said town of the time and place of such election. Election for mayor and councilmen. Sec. 4. Elections. Be it further enacted, That the term of office of said mayor and councilmen shall be one year, and until their successors are elected and qualified. That they shall be ineligible to hold any other office or position under said town except tax assessor, and they shall not contract directly or indirectly with said town or any department thereof. Provided , that the first mayor and councilmen elected shall serve until the election in January, 1912. No one shall be eligible to office of mayor and councilmen who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as election for officers in this State and a certificate of the managers shall

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be sufficient authority to the persons elected to enter into the discharge of the duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation or removal or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. That the mayor and council shall provide for the registration of the voters of said town prior to each annual election or special election that may be held in said town, and all persons who have been residents of said State twelve months and residents of said town six months next preceding the day of holding such election, and who are qualified under the laws of the State to vote for members of the General Assembly, shall be entitled to register and vote in any election held in said town, and the registration books shall remain open at the place of business of the secretary of said town not less than ten days and shall close five days before an election. The mayor and councilmen shall have the right to purge said books of all persons not eligible to vote. Said registration books shall be open at all times for the inspection of any citizen. Mayor and councilmen, terms of office, etc. Election how held. Sec. 5. Oath of Mayor and Councilmen. Be it further enacted, That before entering on the discharge of their duties the mayor and councilmen shall subscribe to an oath to faithfully discharge such duties as shall devolve upon them as officials of the town of Scotland. The following oath shall be administered to and taken by the mayor and councilmen, before some officer authorized by the laws of Georgia to administer oaths, to-wit: I do solemnly

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swear that I will well and truly demean myself as mayor (or councilmen, as the case may be), of the town of Scotland for the ensuing year, and that I will faithfully enforce the charter and ordinances of said town to the best of my ability without fear and favor, so help me God. Should the mayor or any councilman be absent when the officers quality, he or they may take the oath of office as soon as possible thereafter. Oath of mayor and councilmen. Sec. 6. Quorum. Be it further enacted, That the mayor or mayor pro tem ., and two councilmen or three councilmen, (who may elect one of their number to preside), shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however , that when there are no more than three members present it shall require at least two affirmative votes to pass any resolution or ordinance; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council or appeal from the police or mayor's court and in all such cases an appeal of the majority of the members present shall be sufficient to find a judgment either for or against the defendant. Said mayor and council shall hold their meetings within the limits of said town, and at such times and places as they see proper. That at the first meeting of the mayor and council after each election the said councilmen shall elect a clerk and treasurer, who shall not be the mayor or any councilman. Quorum of council, etc. Sec. 7. Powers of Mayor and Council. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, by-laws, rules and regulations as may in their discretion be necessary to enforce all of the

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laws of the State of Georgia applicable to municipal corporations, and which laws in so far as they are not in conflict with this Act are made a part thereof, and to provide penalties for their violation. The mayor shall have the right to vote in case of a tie vote, only. Legislative powers. Sec. 8. Be it further enacted, That they shall have power and authority to lay off, open, close, alter, vacate, curb, pave, and keep in good order and repair all streets, alleys, sidewalks, crosswalks, drains and gutters for the use of the public or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; and to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or the owners or occupants of the real property next adjoining thereto; to establish and regulate the markets; to prescribe the time of holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle or other animals or fowls of all kinds from going at large in said town; to protect places of divine worship, in and about the premises; to abate or cause to be abated anything which in the opinion of the mayor and council shall be a nuisance; to regulate the keeping of dynamite and other combustibles; to abate or cause to be abated nuisances in the form of lewd or bawdy houses or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers or other intoxicating alcoholic drink by whatever name or names the same may be called; to provide in or near said town places for the burial of the

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dead, and to regulate interments therein; to provide for the regular building of houses or other structures and for the making of division fences by the owner of adjacent premises, and a drainage of lots by proper drains and ditches, to make regulations against danger by fire and to provide limits in which no wooden buildings shall be erected; to protect the property and persons of the citizens of said town, to preserve peace and order therein; and for this purpose the said mayor or mayor pro tem . shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all officers appointed or elected by the mayor and council, and to fix their terms of office and compensation, require and take from them bonds, when necessary, payable to the town of Scotland in its incorporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duty; to direct or authorize or prohibit the erection of waterworks, gas works, or electric lights of said town; to prevent injury to, or pollution of same or to the same, or to the water or healthfulness of said town; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, electricity or other power; to enact ordinances preventing the delivery within the incorporate limits of said town of wine, beer, whiskey or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons directly or indirectly, and to enact ordinances providing for penalty for so doing. Said town is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to town of such intoxicants within the incorporate limits of said town, and for the disposition of

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same by sale or otherwise, in the hands of any corporation, company or person whatever. Said town is further authorized and empowered in the exercise of its police powers to provide for and enact any ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, however , that the provisions of this Act shall be held and construed to apply to domestic commerce and interstate shipments as distinguished from shipments from beyond State and interstate commerce; to regulate and provide for the weighing of cotton, corn, hay, coal and other articles sold, or for sale, in said town, and to provide a revenue for said town, and to appropriate same for expenses of said town; to pass all laws, ordinances and regulations for the protection of the inhabitants of said town against smallpox and other contagious or infectious diseases, or for the care of those who may have such diseases or are suspected of having them. Administrative powers. Sec. 9. Ad Valorem Tax. Be it further enacted, That for the purpose of raising revenues to defray the ordinary expenses incident to the proper support and maintenance of town government, that said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said town, and which is not exempt by State law, not to exceed one-half of one per cent., but when that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and the laws of the State of Georgia. Ad valorem tax. Sec. 10. Street Tax. Be it further enacted, That every male person between the ages of sixteen and fifty

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years, who has resided in said town thirty days, shall be liable and subject to work on the streets of said town, not to exceed fifteen days in each year, at such time or times as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council may determine. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the said tax assessed in lieu thereof, having received due notice to do so, as said mayor and council may require, shall be deemed guilty of a violation of this Section, and on conviction in the police court of said town, shall be fined in a sum not exceeding five dollars, nor less than the amount of street tax so assessed, or by imprisonment in the guard house, or by labor in the chain-gang of said town, not exceeding thirty days. Said mayor and council may pass such ordinance as they may deem proper for the enforcing of this Section. Street tax. Sec. 11. Prison and Chain-Gang. Be it further enacted, That the mayor and council of said town of Scotland shall have the power to establish a guard house and work gang in said town and confine at labor there any persons who have been sentenced by the court of said town to work upon the streets, sidewalks or other public works of said town, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work gangs and enforce the same through its proper authorities. Prison and chaingang. Sec. 12. Specific Taxes. Be it further enacted, That the mayor and council of said town shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, saloons for the

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sale of ice cream and other ices, etc., livery stables, and lots, hacks, drays and other vehicles, auctioneers, venduemasters, itinerant traders, theatres and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, peddlers of clocks, stoves, machines, or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public playing, every table, device, or stand or place for the performance of any game or play, whether played with sticks, balls, rings upon flying horses or contrivance, bicycles, vehicles or skating rinks; insurance agents, life, fire, accident, or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds, keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters, or fish, vegetables, fruits, breads and other articles of food, contractors and builders, and all machinists or artisans, barber shops, pawnbrokers, and upon all and every other establishment, business, calling, trade, or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession or calling in said town, for which a license is required. Should any person engage or continue in any business, trade, profession, or calling for which any specific tax or license is required by said town by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said town, he shall be liable to prosecution in the police court of said town, and may be fined or imprisoned, in the discretion of the court. The

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provisions of this Section shall apply to all persons, natural or artificial. Specific taxes. Sec. 13. Fiscal Year. Be it further enacted, That the mayor and council of said town shall have power and authority to make and establish, by ordinance, a fiscal year from which and to which all license shall date. Should any person apply for license in said town for any business for which license is required, at any time after the fiscal year has begun, the mayor and council shall have authority to require of such person the same amount as required for license for the whole year; provided , that no change in the same shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. Sec. 14. Municipal Claims, How Collected. Be it further enacted, That the mayor and council shall have full power and authority to enforce by execution the collection of any debt or claim due said town for taxes, license, rents, impounding fees, forfeitures for laying sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts, and demands due said town. Said execution to be issued by the clerk of said town and to bear test in the name of the mayor against the property, person, corporation, or firm against which or from whom any such debt or demand is owing, such execution to be directed to all and singular the marshal, deputy marshal, and policeman of the town of Scotland, who are authorized to levy the same upon the property against whom it is issued, or on the property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, to-wit: The property levied upon shall be sold by the

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marshal or his deputy at public outcry, under the laws for Sheriff's sales, to the highest bidder, before the council chamber, or at such other place as the mayor may determine, notice of which place shall be stated in the advertisement of the sale of such property. If said property so levied on shall be personal, it shall be advertised by posting notices at two or more public and conspicuous places in said town for ten days before the day of sale, and if the property levied upon shall be real estate, he shall advertise the same once a week for four weeks in public gazette wherein the sheriff's sales are advertised for the county of Telfair, if the said land lies in Telfair, or in the county of Montgomery, and in Telfair county; if the land lies in both counties, or in some newspaper published in the town of Scotland, before selling the same. All sales as above prescribed shall be at public outcry, to the highest bidder, and for cash. Said marshal or deputy marshal making such sales shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as Sheriffs of State have. Taxes, etc., how collected. Sec. 15. Claims and Illegalities. Be it further enacted, That when any execution shall be sued and levied as provided in the preceding Section, claims or illegalities may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas . for State and county taxes, such claim or illegality to be returned to and heard at Superior Court of Telfair county, except that land levied upon that lies wholly in Montgomery county, in which event said illegality shall be returned to the Superior Court of Montgomery county. Claims and illegalities. Sec. 16. Tax Assessors. Be it further enacted, That the mayor and council of the town of Scotland shall elect,

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at their first or second meeting in each calender year, three upright, discreet and intelligent persons, who shall be freeholders and residents of said town, as tax assessors, who shall hold their office one year, or until their successors are elected and qualified. Said tax assessors may be elected from among the members of the town council, or from among other persons, and should any vacancy occur in said board of assessors by death, resignation, removal, or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duty of the office of assessors, each assessor shall take and subscribe the following: I....., do solemnly swear that I will faithfully perform the duties of tax assessor of the town of Scotland, and will make a true and just valuation of all property therein subject to taxation, according to fair market value, so help me God. Tax assessors. Sec. 17. Appeals. Be it further enacted, That the tax assessors may hear, during the progress of their investigation, such evidence as to value of property in said town as they may deem advisable. If any person is dissatisfied with the valuation of his or her property as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said town. Said appeal shall be substantially as follows, to-wit: The undersigned being dissatisfied with the action of the town tax assessors with reference to the valuation of his or her property subject to taxation in said town, comes within ten days from the date on which notice of

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action of said assessors was mailed to him and demands an investigation of the value of said property by the mayor and council of said town. (Signature)..... Upon the filing of said appeal with the clerk of said town, it shall be the duty of the mayor to fix a day upon which said hearing will be had and give the appellant five days notice in writing of said hearing; notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing mayor and council shall hear all legal and competent testimony, and enter judgment accordingly. The appeal hereinbefore provided for shall be signed by the taxpayer, his agent or attorney at law. Appeals from assessments. Sec. 18. Notice to Property Owners of Assessment. Be it further enacted, That immediately after the report of said assessors is filed with the town clerk, it shall be his duty to mail a written or printed notice to each and every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors and specifying the property the valuation of which has been increased. Notice of assessments. Sec. 19. Penalties Prescribed by Ordinances. Be it further enacted, That the said mayor and council shall have power to prohibit, by ordinance, the keeping for unlawful sale any amount of whiskey, beer or intoxicating drinks, by whatever name or names the same may be called; the keeping and maintaining of lewd women, or lewd houses; the keeping of any room or rooms for gambling; the having of any whiskey, beer, or other intoxicating drink for the purpose of sale or giving away on election days; the pursuing of one's ordinary avocation on the Sabbath; from loitering or idling within the jurisdiction of said

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town. Police court of said town shall have jurisdiction to try persons for the commission of any of said offenses committed within the limits of said town, and upon conviction, punish offenders as hereinafter provided. Police powers. Sec. 20. Police Court. Be it further enacted, That there shall be in the town of Scotland a court known as the police court of the town of Scotland. Jurisdiction of said court shall extend to all offenses herein provided for, and all other of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said town. Said police court shall be held by the mayor, and in his absence, disqualification, or illness by the mayor pro tem. , at such times and such places in the said town as in his judgement may be necessary. Said police court, upon conviction of any person or persons, may punish offenders by a fine of not more than one hundred dollars, by confinement in the guard house or chain-gang of said town for a term of not more than sixty days, either or all, in the discretion of said police court; that it shall not be necessary in the officers of said town in making arrests for an affidavit to be made or warrant to be issued to authorize any arrest for violations of the ordinances of said town. Police court. Sec. 21. Be it further enacted, That all trials in the police court of said town shall be held under such rules and regulations as the mayor and council may adopt. Practice in police court. Sec. 22. Contempt, Etc. Be it further enacted, That the said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summons for witnesses, books, papers, in as full and complete a manner as the courts in

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this State may now do; to punish as for contempt failure to obey its legal summons; to grant continuances under rules of law; to take bonds and recognizes for appearances at its session, and to forfeit the same under rules and regulations as are now applicable in like procedure in Superior Courts of this State, and to do all other acts and thing necessary for the proper enforcement of its authority as a court; provided , that no fine for contempt shall exceed the sum of ten ($10.00) dollars or imprisonment in the guard house for more than five days. Punitive powers, etc., of police court. Sec. 23. Certiorari and Appeal. Be it further enacted, That any person convicted in the police court of said town for a violation of any of the ordinances or by-laws thereof shall have right of certiorari to the Superior Court of Telfair county, or he may have the right to appeal to the mayor and council of said town, if the mayor and council shall see fit by ordinance to provide for such appeal, otherwise, certiorari, as aforesaid, shall be the only remedy. Sec. 24. Be it further enacted, That the mayor and mayor pro tem . of said town shall have, in addition to the jurisdiction of Justice of the Peace over all, the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of said town's police jurisdiction, it shall be the duty of the mayor and mayor pro tem. , as the case may be, after investigation, to commit the offender or offenders to jail, or bail, to answer to the court having jurisdiction of the offense. Mayor and mayor pro tem, exofficio Justices of the Peace. Sec. 25. Board of Health. Be it further enacted, That said mayor and council shall have authority in their

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discretion to establish and put into operation a board of health, and to pass all ordinances and regulations, prescribing penalties for violation of the same necessary for the purpose of maintaining such board of health, and providing penalties for such violation, to prevent the spread of any contagious or infectuous diseases; also, to have complete control of persons who have been exposed to contagious or infectious diseases; and to make any and all necessary arrangements for their protection of the inhabitants of said town. Board of health. Sec. 26. Building Permits. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said town, and they shall have power to prevent the erection of any buildings within said town without the person or persons wishing to build first appealing to the mayor and council and obtaining a special permit; said permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be erected; this applies to all buildings or structures, or however insignificant the value of the building or structure may be when completed, and whenever in the judgment of the mayor and council any building or structure is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance, and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails or refuses to abate such nuisance within a reasonable time, such a time to be determined by the mayor and council, then said mayor and council may cause the same to be done, and issue

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execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Building permits. Sec. 27. Public Utilities and Franchises. Be it further enacted, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railway, waterworks, gas works, electric light wires, lines and systems, or they shall have the right and power to grant right of way to railroads, street railways, waterworks, gas works, electric lights, telephone wires or lines throughout the streets and alleys of said town upon such terms, conditions and restrictions as said mayor and council may prescribe. Public utilities and franchises. Municipal Bonds. Said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of said public utilities in the manner hereinafter provided, and whenever said mayor and council shall, in the exercise of their authority conferred in this charter, find it necessary to take private property and they cannot agree with the owner or owners thereof as to compensation to be paid, they may take such property upon the following terms: Municipal bonds. Sec. 28. Condemnation Proceedings. Said mayor and council shall cause to be served on such owner or owners or his or their agents, written notice of their intention to condemn such property, which notice must describe the property sought to be used, the time and place, when and where the proceedings to condemn such property will be held,

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which shall not be less than five days from the date of the service of such notice. Power of condemnation. Sec. 29. It shall be the duty of the mayor and council to appoint one freeholder in said town, and the owner or owners of the property sought to be condemned, or his or their agents, shall appoint another freeholder; provided , that said owner or owners, or his or their agents, shall fail or refuse such freeholder, then the mayor and council shall appoint a second freeholder and the freeholders appointed in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath to faithfully discharge their duties, hear all legal evidence offered by the parties and assess the damage or compensation to be paid to the owner or owners of such land, and under their award, which must be signed by at least two of such freeholders. Said award shall then be filed with the town clerk; should the first two freeholders as above provided for be unable to agree upon a third, then said mayor and council shall likewise appoint the third freeholder. Sec. 30. Appeals. Provided , That either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the Superior Court of Telfair county. Except where the land lies wholly in Montgomery county, the appeal shall be returnable to the Superior Court of Montgomery county. The mayor and council may, after payment to the owner or owners, or his or their agents, of the sum found by the assessors proceed to appoint, lay off, straighten, or otherwise change said street, ward, alley, or land pending an appeal by the owner or owners, of any land sought to be condemned for such purposes. Appeals from awards of assessors.

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Sec. 31. Quarantine. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious or infectious diseases in said town. Quarantine. Sec. 32. Fugitives. Be it further enacted, That should any person violating any of the ordinances of said town flee from the jurisdiction thereof, he may be apprehended whenever he may be found in this State, and the warrant of the mayor or mayor pro tem . of said town shall be sufficient authority for his return and trial upon the charge resting, and all persons escaping from custody of said town may be tried again for such escape and punished not exceeding penalties hereinbefore provided. Fugutives from justice. Sec. 33. Municipal Officers. Be it further enacted, That said mayor and council shall have power and authority to elect a clerk and treasurer, which offices are hereby conbined; the town marshal, who shall be the chief of police of the town, and as many policemen as in their judgment, street overseer, attorney, town physician and such other officers as the necessities of the town may demand; they may by ordinance prescribe the term of office and the duties of such officers and fix their salaries. Officers. Sec. 34. Sanitation. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or watercloset accommodation upon such premises as may be prescribed by ordinances by the said mayor and council. Sanitation.

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Sec. 35. Sanitation. Be it further enacted, That said mayor and council shall have power and authority, by ordinance, to provide suitable regulations on the subject of drainage, sewerage and plumbing and all and everything else that may be necessary for the improving of the sanitary condition of said town. Said mayor and council are authorized to lay down sewerage through private property in said town, or outside corporate limits of said town, if such be necessary to the public welfare; provided , before so doing they shall regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the State. Drainage and sewerage. Sec. 36. Municipal Bonds. Be it further enacted, That said mayor and council have power and authority to issue bonds of said town in such sums and at such times as they shall see proper, not to exceed in the aggregate at any time the sum of ten thousand ($10,000.00) dollars, and in such denominations and in such amount as they see fit; said bonds not to bear interest at a rate in excess of seven per centum per annum, and to run a greater period than thirty years, from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypothecated, and sold for the purpose of maintaining and operating a system of waterworks, system of sanitary sewerage, system of street railway, a system of public schools and the erection and furnishing of the necessary buildings for such school and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the town, and shall be negotiable in such manner as said mayor and council may determine to be for the best interest of the

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town; provided, however , that said bonds shall not be issued for the above said purposes until the same shall have been submitted to a vote of the qualified voters of said town and approved by two-thirds majority of the qualified voters in said town voting in such election. Municipal bonds. Sec. 37. Election for Bonds. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said town for the purpose of determining whether or not there shall be an issue of bonds for any purposes hereinbefore provided, of which election there shall be given thirty days notice by publication in the organ in which legal advertisements of Telfair are published, or in some paper published in the town of Scotland, and also by publishing a written notice in three public or conspicuous places in said town stating the day of election, the amount of bonds to be issued, what rate of interest they are to bear, whether the interest is to be paid annually or semi-annually, and when bonds shall be finally paid off. Said election shall be held on the day published in said notice, at such place as may be determined by the mayor and council, which place must be designated in the notice of said election, and shall be held by the same person and in the same manner and under same rules and regulations as for mayor and council; same qualifications of voters of said election shall be required at said election for mayor and council. That the ballots cast at said election shall contain the words For Bonds or Against Bonds, and unless For Bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued; but if For Bonds shall receive a two-thirds majority, said bonds may be issued. Elections for bonds.

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Sec. 38. Public Schools. Be it further enacted, That the mayor and council of said town may provide by ordinance such rules and regulations as to them may be proper in order to establish and maintain a system of free schools in said town of Scotland, that all fees, forfeitures and costs arising from the police court of said town be used for school purposes, or for the improvement of the streets of said town, or other purposes. Public schools. Sec. 39. Elections for Schools. Be it further enacted, That the Ordinary of Telfair county may order an election in the town of Scotland, within six months after the approval of this Act, or at any subsequent time upon the petition of one-fourth of the qualified voters of said town, and upon the application of the mayor and councilmen of said town in reference to the establishing of a free school system as provided for in the foregoing Section of this Act. All persons voting at said election shall have written or printed on their ballots, For Free Schools, or Against Free Schools, and if the question shall be decided affirmatively by a two-thirds majority, this Act shall become operative, and the mayor and council shall proceed to establish said schools in accordance with the same. Elections for schools. Sec. 40. Assessments for Street Improvements. Be it further enacted, That mayor and council of said town shall have power and authority to grade, pave, macadamize, cover or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said city with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and durable. In order to carry into effect the above, said mayor and council shall have the power and authority to assess not more than

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two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, of the real estate abutting on such a street or sidewalks. Said mayor and council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing said drains, crossings or otherwise improving the roadway or street proper, and the real estate abutting on one side of the street improved, and one-third on the real-estate on the other side of the street so improved. The real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad having tracks running through or across the streets of said city, shall be required to pave or macadamize or otherwise improve streets in such proportions as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize by an ordinance passed for that purpose, the assessments against all real estate for the above purposes as to them seem just and proper, estimating the total cost of each improvement made and pro-rating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to the area of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessments. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed for the amount assessed against the

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owner at the date of the ordinance making such assessments, which execution may be levied by the marshal or any policeman of the said town on such real estate, and after advertising and other proceedings, as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal, or policeman acting for him, shall have authority to eject occupants and put purchasers in possession; provided , the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Telfair county (except when the land levied upon lies wholly in Montgomery county, then in that event, the proceedings shall be returned to the Superior Court of Montgomery county) and there tried and the issue determined as in cases of illegality filed for the purpose of delay only. The mayor and council shall have the power and authority to pave the whole surface of the streets, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by themselves or by contract at his or her instance, the object being to prevent delay and secure uniformity. The lien for assessments on abutting and on street or sidewalk paving, curbing, macadamizing, gradings or draining shall have rank and priority of pavements next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they in their discretion think necessary

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to grade, pave, drain, macadamize or curb the streets, sidewalks, and alleys of said city, and to collect the cost thereof by execution against the adjacent property owner and railroad companies or other occupants of the streets or alleys of said town. Street improvements. Sec. 41. To Pay Bonds. Be it further enacted, That should the mayor and council determine, in accordance with the provision hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum, sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Taxes to pay bonds. Sec. 42. Protection of Officers. Be it further enacted, That any officer of the said corporation of the town of Scotland who may be sued for any act or thing done in his official capacity, may be justified under this charter, and that the provision of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said town, or either of them, for any act done by them under and in accordance with its provisions and in accordance with the ordinance passed in pursuance thereof. Charter defenses. Sec. 43. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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SMYRNA, TOWN OF, CHARTER AMENDED. No. 292. An Act to amend and supersede the Act incorporating the town of Smyrna, in Cobb county, which Act was approved December the 8th, 1897, and to amend the charter of said town so that the clerk and marshal thereof may be elected by the mayor and council, and also to authorize and empower the said mayor and council to levy and collect a tax for general purposes of one dollar, or so much thereof as may be necessary, upon each one hundred dollars valuation of property in said town; also to provide for the election by the mayor and council of three tax assessors for said town and to define their duties and powers; also to give said town the right to vote and issue bonds for public improvement; to authorize and empower the mayor and council to fill vacancies of unexpired terms of officers of said town; also, to authorize the mayor and council to levy and collect a street tax not exceeding three dollars per annum upon each and every male person subject to road and street duty within said town; to provide a method of condemning private property for public use; to authorize the mayor and council to have opened a book of registration to register voters of said town for any election therein; to allow the mayor to punish violations of the ordinances of said town by imposing either or all of the penalties prescribed in said ordinances, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of

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this Act, the Act incorporating the town of Smyrna, said Act being approved December the 8th, 1897, in the county of Cobb, be, and the same is, hereby amended and superseded; that said town of Smyrna shall continue to exist, but from and after the passage of this Act the charter of said town shall be and read as contained in the foregoing and following Sections. Smyrna, town of; new charter. Sec. 2. Be it further enacted, That the said town of Smyrna is hereby incorporated, and the inhabitants of the territory hereinafter designated are made a body corporate, and the municipal government of the town of Smyrna, in the county of Cobb, and State of Georgia, shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate, as the mayor and council of the town of Smyrna, and by that name shall succeed to the rights and privileges of the present corporation of the town of Smyrna. Corporate name. Sec. 3. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from the building now used as a high school building, but which was formerly known as the Presbyterian church building and was used by the Presbyterian church in said town of Smyrna. Corporate limits. Sec. 4. Be it further enacted, That on the first Saturday in January next, and annually thereafter, there shall be an election held in said town of Smyrna for a mayor and five councilmen, who shall hold their offices for one year and until their successors are elected and qualified. All persons who have resided in said town for sixty days prior to said election and who are qualified to vote for members of the General Assembly and whose names appear

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upon the list of registered voters as hereinafter provided for, shall be entitled to vote in said election for mayor and councilmen. Said election shall be held by a Justice of the Peace or a Notary Public who is ex-officio Justice of the Peace and two free holders of said town. The present officers of said town are to hold their offices until their successors are elected and qualified as provided in this Section. Elections for mayor and councilmen. Sec. 5. Be it further enacted, That the mayor and three members of the council shall constitute a quorum for the transaction of any business and the majority of the votes cast shall constitute a quorum for the transaction of any business and the majority of the votes cast shall determine all questions coming before them. They shall have authority to levy such tax upon all properties in said town limits as may be necessary for general purposes not to exceed one dollar on the hundred dollars valuation thereof. They shall have authority to issue fi. fas. against the tax defaulters, which shall be addressed to the marshal of the town, and shall be executed by the levy and sale of the property of the defendant, and shall be conducted in the same manner as Sheriff's sales are now conducted. They shall have authority to enact such ordinances, rules and regulations as the needs of the said town may require respecting sidewalks, water, hogs, cattle and other animals, pavements, cemetery, and such other things as may be to the best interest of said town. They are authorized and empowered to open, straighten, lay out and improve the streets of said town, and for this purpose they shall have the right to condemn any private property as hereinafter provided by first paying a just compensation therefor, and they are hereby authorized to pass ordinances providing in what manner said property shall be condemned. They

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shall also pass such ordinances as are proper against houses of ill fame and disorderly houses, for the removal of pests and the abatement of nuisances and the illegal sale of intoxicating liquors. They shall have power to enforce the ordinances of said town by the arrest and trial of the violators thereof, and may punish by a fine not exceeding fifty dollars in amount, or by confinement in the calaboose for a period not exceeding sixty days, or work on the streets of said town for a period not exceeding thirty days, and in imposing for violations of the ordinances of said town the mayor may in his discretion impose either or all of the penalties prescribed. They shall have the power and authority to call out each and every male person within the jurisdiction of said corporation subject to road duty, who shall be compelled to do road and street duty, subject to the laws of the State, or said mayor and council shall have the power to levy and collect a tax not exceeding three dollars per year and such persons subject to road and street duty for the purpose of having the streets in said town kept in good order, which shall be a commutation tax for road or street duty. Ten days residence in the town at any time during the year shall render any person liable to road duty; also liable to street duty therein; provided , such person has not already done road or street duty elsewhere in said year, before coming into said town. The number of days already worked elsewhere shall be deducted from the number of days required of a street hand in said town, and the amount paid as a commutation tax elsewhere shall be likewise deducted. Street defaulters shall be fined not more than three dollars per day for each day they fail or refuse to work, and on failure to pay said fine and costs said defaulters shall be punished by fine or imprisonment as for the violation of the ordinances of said town. They shall have power and authority to pass and enforce every

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by-law, regulation or ordinance that shall appear to them necessary for the security, welfare and best interest of said town, or for the preservation of the peace, health, sobriety, morals, order and good government of the same. Quorum of council. Administrative powers. Sec. 6. Be it further enacted, That the said mayor and council shall be authorized and empowered to elect, or appoint a clerk and marshal for said town, and prescribe their duties and powers and name their salaries, and shall have the right at any time by a majority vote of said mayor and councilmen to discharge either or both of said officers. In electing said clerk and marshal a majority vote of all the members of said council, including the mayor, shall decide. Said mayor and council are authorized and empowered to elect three tax assessors who shall be residents of said town, and freeholders therein, who shall hold their offices for such term, not exceeding one year, as said mayor and council may determine and shall receive for their services such remuneration as may be allowed them by said mayor and council. Said tax assessors shall, before entering upon the discharge of their duties, take and subscribe an oath before some duly qualified officer that they will fairly, justly and impartially appraise all the real property in said town, and said oath shall be filed with the clerk of said council, and be by him entered upon the minutes of the said mayor and council. Any person whose property has been appraised and assessed by said tax assessors shall have the right to appeal from said appointment, and in that event the party appealing or complaining shall appoint a representative and said mayor and council shall appoint one representative and in the event of two representatives so elected cannot agree on an assessment of valuation of the property in dispute, then they shall call in some third person who shall act as arbitrator, and these three shall

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decide upon a fair valuation of such property. The appraisers and tax assessors herein provided for shall make out a list of the property appraised by them, which list shall be filed with the clerk of the council upon the completion of their work, and shall be kept open for public inspection by any one interested. Any person complaining must do so within 15 days from the time such list is completed and filed with said clerk. Municipal officers. Sec. 7. Be it further enacted, That said mayor and council shall be authorized and empowered to have opened a book of registration for the purpose of registering voters of said town, and they may regulate and prescribe by ordinance the oath to be taken and subscribed by such voters and the method of keeping the same. They shall also provide for the furnishing of a list of the registered voters for use in the elections to be held in said town and appoint three registrars, whose duty it shall be to make up and purge said list of registered voters under such rules and regulations and at such times as the mayor and council may prescribe. Said mayor and council shall have the authority, in case or cases of vacancies occurring by reason of death or resignation of either of the councilmen elected, to fill said vacancy until the next regular election of said town by a majority vote of the mayor and council, but this shall not apply in case of a vacancy of the office of mayor. Registration of voters. Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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STONEWALL, TOWN OF, INCORPORATED. No. 134. An Act to incorporate the town of Stonewall, in the county of Campbell; to provide for its officers; to prescribe its powers and duties; to provide for the raising of its revenue, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Stonewall, in the county of Campbell, be, and the same is, hereby incorporated as a town under the name of Town of Stonewall. Stonewall, town of; incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Stonewall shall be as follows: Beginning where Union City intersects land lot number one hundred and running north two hundred and seventy-three and one-half rods, thence east three hundred and sixty rods, thence south two hundred and seventy-three and one-half rods to where Union City intersects land lot number one hundred and one, thence west along the line of Union City three hundred and sixty rods. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town of Stonewall shall be a mayor and four councilmen, who are hereby constituted a body corporate by the name of Town of Stonewall, and by said name may sue and be sued, plead and be impleaded, purchase and hold real and personal property necessary to enable them the better to discharge their duties, and which may be needful for the government,

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good order and welfare of said town, and by said name shall also have perpetual succession. Corporate name and government. Sec. 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act of said town be and he is hereby appointed and constituted mayor of said town of Stonewall, J. C. Shaw, J. M. Patton, J. E. Thompson, H. H. Hudgens and W. A. Hogan, allof said town, are hereby appointed and constituted councilmen of said town of Stonewall; the said mayor and councilmen to hold their respective offices until their successors are duly elected and qualified as hereinafter provided. Mayor and councilmen appointed. Sec. 5. Be it further enacted by the authority aforesaid, That on the last Saturday in December, 1911, and annually thereafter on the same day and in the same month, an election shall be held in said town of Stonewall for the election of a mayor and councilmen for said town, who shall hold till the successors elected and qualified; said election to be under such rules, regulations and supervision not inconsistent with the laws of this State, as the mayor and councilmen may prescribe. Elections of mayor and councilmen. Sec. 6. Be it further enacted by the authority aforesaid, That all male persons, qualified to vote for members of the General Assembly of this State, who have been bona fide residents of said town for three months next preceding an election held therein, shall be allowed to vote in any election held in said town; provided , a registration of voters shall not be a condition precedent to such voting, unless the mayor and council shall so order. Voters. Sec. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen and other officers of

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said town as hereinafter provided for, shall, after election or appointment to his office, and before he shall enter upon the duties thereof, take and subscribe the following oaths: I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as mayor, or councilman, or other officer of the town of Stonewall, according to the best of my ability; so help me God. Said oath, with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town. Official oath. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to elect such marshals, clerks, and such other subordinate officers as they may deem necessary for crarying on and exercising the powers herein granted, and to prescribe the duties and fix the compensation of such officers, and require of them such bonds as they may deem wise, payable to said town in its corporate name. Municipal officers. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Stonewall shall have power therein to lay off, close, open and keep open and in good order and repair roads, streets and sidewalks for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of Divine worship in and about the premises where held; to abate or cause to be abated anything which, in the opinion of a majority of the mayor and council, shall be a nuisance; to protect the property and persons of the citizens in said town, and others, and to preserve the peace and good order therein, and for this purpose to appoint, when they deem it necessary, a police force to assist the marshal

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in the discharge of his duties; to levy such occupation taxes as they may see proper not contrary to law upon all persons carrying on any kind of business, occupation or place of amusement in said town; to provide for the annual assessment of the taxable property therein, and for the levy and collection of taxes thereon, which taxes shall in no event exceed one-half of one per centum on the value of the taxable property in said town; to adopt rules for the regulation and government of its own body. The mayor and council shall have power, make and pass, all needful orders, ordinances and by-laws, not contrary to law, to carry into effect the foregoing enumerated powers and all others that may be conferred upon said town of Stonewall, and to this end may prescribe, impose and inflict reasonable fines, penalties and imprisonment in the town prison, if there be one, for a term not exceeding thirty days. Administrative powers. Sec. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and right to organize work gangs and to confine at labor therein for a term not exceeding thirty days, persons convicted of violating any of the ordinances of said town of Stonewall; provided , said penalty shall be inflicted only as an alternative for failure or refusal to pay a fine imposed for such violations. Work gang. Sec. 11. Be it enacted by the authority aforesaid, That all persons charged with the violation of any ordinance or law of said town of Stonewall shall be tried before the mayor of said town who shall have the power to hear and determine all such cases and in case of conviction, to impose such penalties as may be prescribed for such violations, and he shall have authority to bind over or commit to jail, offenders against the criminal laws of this State

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whenever, in the course of any investigation before him for a violation of any town ordinance, it may appear that such person has violated any State law. Mayor's court. Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to elect one of their body mayor pro tem. , who shall perform all the duties of mayor when, from any cause, the mayor is disqualified or cannot be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen, or any other office of said town. Mayor pro tem. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor of said town of Stonewall shall be the chief executive officer thereof; shall see that the ordinances, by-laws, rules and regulations of the mayor and council are faithfully executed; shall have control of the police of said town, and may appoint special police when he may deem it necessary; shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof; and in default of such immediate payment he may imprison the offenders as hereinbefore provided, and he may issue executions for all taxes due said town. Powers and duties of mayor. Sec. 14. Be it further enacted by the aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. Note by Compiler.Section 4 of this Act as here printed is a copy of the enrolled Act of file in the office of the Secretary of State.

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SWAINSBORO, CITY OF, CHARTER AMENDED. No. 262. An Act to amend an Act incorporating the city of Swainsboro, approved December 6th, 1900 so as to provide for the arbitration of assessments of property for taxation in said city, to provide for the selection of said arbitrators, to prescribe their oath, qualification, duties and powers and to prescribe the oath to be taken by assessors of property in said city of Swainsboro and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the aforementioned Act incorporating the City of Swainsboro, Georgia, approved December 6th, 1900, be amended by adding thereto the following Sections. Swainsboro, city of; Section 1. Be it enacted by the authority aforesaid That whenever any tax payer of said city shall be dissatisfied with the valuation or assessment of his property for taxation either by the council or a board of assessors or in any other manner, the tax payer shall have the right to demand an arbitration as to the value of his property subject to taxation, the arbitrators to be selected in the following manner. The council shall select one and the tax payer shall elect one and if these two arbitrators can not agree on the value of the property of such tax payer they shall select a third arbitrator and these three shall then value the property of said tax payer but should it occur that the aforementioned two arbitrators could not agree on the third arbitrator then an umpire to be appointed as hereinafter provided shall act as the third arbitrator and these

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three shall then value the property of said tax payer and they shall report their findings to the city council. The value so placed on the property of such taxpayer by said arbitrators shall be accepted by and binding or said council and such tax payer only be required to pay taxes on such valuation of his property except as otherwise provided in this Act. Arbitration of tax assessments. Sec. 2. Be it further enacted, That on the first day of each year or as soon thereafter as practicable the judge of the Superior Court of the circuit in which Emanuel county is located shall appoint an umpire who shall for the year so appointed act as umpire or third arbitrator in all cases as provided in section one of this Act, provided, however should the person appointed umpire as aforesaid, desire to have the value of his property arbitrated then the Ordinary of the county of Emanuel shall appoint the umpire in his case. The judge of the Superior Court shall notify the clerk of the city council of said city who he appoints as umpire, as provided above. Umpire for tax assessments. Sec. 3. Be it further enacted, That in the event the three arbitrators can not agree on the valuation of the property of such tax payer and should said tax payer be dissatisfied with the valuation placed upon his property by the majority of said arbitrators and he will make affidavit before some officer authorized to administer an oath that such valuation is unjust, unreasonable and confiscatory, he shall have the right to appeal to a jury, in the Superior Court of Emanuel county who shall determine the value of his property for taxation in said city provided such tax payer shall first pay into the city treasury sixty per cent of his taxes, at the rate assessed by said city council, on the lowest valuation placed on his property by any of the

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arbitrators for which amount said tax payer shall have credit when the case is finally disposed of. Appeals from tax assessments. Sec. 4. Be it further enacted, That if either the arbitrator selected by the council or the tax payer should fail or refuse to act, then the other arbitrator together with the umpire, selected by the judge of the Superior Court, shall select the third arbitrator and these three shall then value the property of the tax payer and report their findings to the council which shall be binding on said council as specified in Section one of this Act. Arbitrators. Sec. 5. Be it further enacted, That the umpire and all arbitrators provided for in this Act shall take and subscribe to the following oath before proceeding to arbitrate any property. We the undersigned, selected to arbitrate the value of the property of..... do hereby swear that we will endeavor to place on said property its taxable value, so valuing the same that said tax payer will not at any time be compelled to pay more than his just proportion of taxes and that we will do justice as between said taxpayer and the city of Swainsboro, so help us God. Oath of arbitrators. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 19, 1911. SYCAMORE, CHARTER AMENDED. No. 9. An Act to amend an Act entitled An Act to create a charter for the town of Sycamore, in Turner county, and

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for other purposes, so as to extend the limits of Sycamore on the South side and to authorize the authorities of said town to issue bonds, to establish and maintain a system of water and electric plants, a system of sanitary sewerage and a street railway system in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act Section three of the Acts of 1910 be so amended by adding the following immediately after the words Lawton Hotel in the fourth line of said Section three the words three quarters of a mile South so that said Section when so amended will read. Be it enacted by the General Assembly of the State of Georgia, that the inhabitants of the territory now embraced within the limits of one half mile in every direction from the center of the Lawton Hotel except on the south side of said Hotel, the incorporate limits shall extend three quarters of a mile South, as it is at present located in Sycamore, in the county of Turner, be incorporated under the name and style of the Town of Sycamore and said town of Sycamore is hereby incorporated and by that name and style shall have perpetual succession; may have and use a corporate seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, any real estate, real or personal, of whatever kind or nature, within the jurisdictional limits of the town of Sycamore, may sell or otherwise dispose of the same for the benefit of said town as the town council may see fit and proper, the mayor of

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said town, by direction of the town council, making deed to any property sold or disposed of by said town. Sycamore, town of: Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That Section 5, page 1212 of the Acts of 1910 be, and the same is, hereby repealed. Sec. 3. Be it further enacted by the authority aforesaid, That the following be, and the same is, hereby re-enacted and substituted for said Section 51 of the Act of August 12th 1910; The town council of said town of Sycamore shall have authority to contract debts and issue bonds of said town, under and in accordance with the limitations provided in the Constitution of the State of Georgia and the general laws thereof applicable to municipalities for the following purposes: to refund existing debts, establish and maintain a system of water works; a system of electric lights; to erect a public building for the administration of the town government or for the purpose of erecting a school building within the limits of said town for the use of the citizens of said town or for any other public improvement or convenience for the citizens of said town and for any lawful purpose upon a two thirds vote at an election previously called by the town council and proper ordinance advertised stating the purpose for which said bonds are to be issued, the amount to be issued, together with the rate of interest they are to bear and the time in which they are to mature. Municipal bonds. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 28, 1911.

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SURRENCY, TOWN OF, NEW CHARTER. No. 283. An Act to create a new charter for the town of Surrency, in Appling county, on the Southern Railway; to define the limits thereof; to provide for a mayor and councilmen, and other officers of said town, and granting certain other powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory embraced in the limits of the town of Surrency, located in the county of Appling, and State of Georgia, and within the limits of said town except as hereinafter stated, be, and they are, hereby incorporated under the name and style of Town of Surrency, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers and privileges, titles, property, easements and hereditaments now belonging or in anywise appertaining to the said town of Surrency, as heretofore incorporated, shall be, and are, hereby vested in the town of Surrency created by this Act. And the said town of Surrency, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen who shall compose the town council, such ordinances, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said town, as the said town council may deem best, and which shall not be in conflict with the laws of the State of

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Georgia and with the laws of the United States. And the said town of Surrency shall be able by law to purchase, hold, rent, lease, receive, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of any kind or nature whatsoever, within or without the limits of said town for corporate purposes. Said town of Surrency, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said town of Surrency as heretofore incorporated. Surrency, town of; corporate name and powers. Sec. 2. Be it further enacted, That from and after the passage of this Act the incorporate limits of the town of Surrency shall extend one-half mile from the intersection of the centers of Still and Pecan streets. Corporate limits. Sec. 3. Be it further enacted, That the government of said town of Surrency shall be vested in a town council composed of a mayor and five councilmen. The present incumbents as mayor and councilmen shall continue in office as mayor and councilmen of the town of Surrency under the provisions of this charter until an election shall be held and their successors are qualified. That an election shall be held at the council chamber or such other place in said town as the mayor of said town shall direct and designate, on the first Saturday in January, 1912, and on the first Saturday in January in each year thereafter, for mayor and five councilmen who shall hold their offices for one year, beginning on the first Tuesday in February each year after the election of each year, or until their successors are elected and qualified and should there fail to be an election held in said town at the time above specified, from any cause whatever, the mayor of said town shall order an election

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held in said town by posting a notice in three public places in said town; said notice shall be posted ten days before said election. Mayor and councilmen. The polls at all elections under this charter shall not be open before ten o'clock A. M. and shall be closed at two o'clock P. M. The qualifications of voters at such elections shall be such as are required for electors for the General Assembly, and, in addition thereto, residents within the corporate limits of said town three months next preceding the election, and the payment of all of their taxes required of them by said corporation. Sec. 4. Be it further enacted, That all elections under the provisions of this charter shall be held under the superintendence of a Justice of the Peace and two freeholders, or by three freeholders in case no Justice lives in the town, or in case he fails to act, who shall be residents of said town. Said superintendents shall take an oath for the due and legal and impartial performance of their duties as such superintendents, which oath may be subscribed in presence of each other and shall have all the powers incident to managers of elections in this State. In case the manager shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to such voter the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State, and for the last three months within the corporate limits of the town of Surrency, and have paid all taxes legally required of you by the town of Surrency; so help you God. All papers incident to such election shall be turned over by the managers

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of said election to the clerk of the council and by him preserved. Election managers. Sec. 5. Be it further enacted, That the superintendents of said election shall conform with the laws governing elections in this State, in so far as they are applicable to said election, and declare the results of said election and certify the same, with the tally sheet and list of voters, to the town council, and shall issue certificates of election to such persons as received the highest number of votes polled. Those declared elected shall, on or by the first Tuesday in February following said election, qualify by taking the following oath: I do solemnly swear that I will truly perform the duties of mayor (or councilmen as the case may be) of the town of Surrency to the best of my ability without fear or favor, so help me God. Which oath shall be taken before an officer of this State authorized by law to administer oaths or before the retiring mayor. Said oath shall be filed with the clerk of council and by him preserved with the list of voters and tally sheets. The oath shall be entered of record on the minutes of council; provided , that in the event of a filing of a contest to said election before the issue of certificates and qualifications of any person elected, the party whose election is contested shall not exercise the duties of his office until said contest shall have been heard and determined. Elections, how held. Sec. 6. Be it further enacted, That the mayor, or mayor pro tem. and any three councilmen shall constitute and form a quorum for the transaction of business, and the mayor, or mayor pro tem. shall have the casting vote, and the majority of votes may determine any and all questions or elections before the council. Quorum of council.

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Sec. 7. Be it further enacted, That at the first meeting of said council, in each year, they shall choose from their number a mayor pro tem. who shall, in the absence, sickness or disqualification of the mayor, be clothed with all the rights, privileges and duties of the mayor-elect during the sickness, absence or disqualification of the mayor upon taking the usual oath, and not otherwise; and if the mayor pro tempore as well as the mayor elected by the people, shall both be unable from any cause to attend to their duties, the council shall elect another mayor pro tempore , who shall thereby be clothed with all the powers, rights and duties of the mayor of the town upon taking the usual oath. Mayor pro tem. Sec. 8. Be it further enacted, That in case of death, resignation or removal from office, or removal from town of the mayor, the mayor pro tem. shall order an election to fill said vacancy as is prescribed in Section 3 of this Act (in case of a failure to hold a regular election), and in case of a vacancy in the board of councilmen, arising from any cause, as above mentioned, said vacancy shall be filled by an election to be ordered by the mayor and mayor pro tem. , as the case may be, in the same manner as prescribed in Section 3 of this Act, as in case of a failure to hold a regular election. Vacancies. Sec. 9. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid, except for the office of marshal. Qualifications of officers. Sec. 10. Be it further enacted, That the mayor and council shall elect a marshal for one year, who shall hold his office till his successor is elected. He shall receive such

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salary and fees as the mayor and councilmen shall determine by ordinance, and before entering upon the discharge of his duties he shall enter into bond, with good security, in such sum as the council shall require not to exceed the sum of one thousand dollars, for the faithful performance of his duties as marshal of the said town of Surrency, which bond shall be approved by the mayor. He shall keep a record of all money received by him and pay the same to the town treasurer. The mayor and council may at any time remove the marshal from his office for disorderly conduct, abuse of his office, neglect of his official duties, or other conduct unbecoming an officer, and appoint a successor to fill his vacancy for the unexpired term of the retiring marshal. Any person shall be eligible for this office who is a male citizen twenty-one years of age, a resident of this State and of good moral character. Marshal. Sec. 11. Be it further enacted, That the mayor and council shall elect a clerk of council, who shall keep a record of all the acts of said council, and shall enter all cases on the docket of offenders against ordinances. His compensation shall be regulated by the mayor and council by ordinance for his services. They may require of him bond, with good security, for the faithful performance of his duties, and to account for all money coming into his hands during his term of office. Clerk. Sec. 12. Be it further enacted, That the mayor and council shall elect a treasurer, who shall give bond with good security, to the amount which the mayor and council may fix not less than five hundred dollars, for the faithful discharge of the duties of his office; he shall receive all money paid to said council, and shall pay the same out upon vouchers signed by the mayor and approved by the

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council. He shall keep a record of all money received and paid out by him, and shall make a statement every three months to the council of all money received, paid out and on hand. The mayor and council shall fix the compensation he shall receive by ordinance. Treasurer. Sec. 13. Be it further enacted, That the mayor and council shall appoint a tax receiver and collector, whose duties it shall be to receive returns on all real and personal property within the corporate limits, for ad valorem taxes and to collect same. The mayor and council shall make such regulations as they may deem necessary for the return of all property within said town of Surrency and for collection of taxes on same as does not violate the laws of this State relative to all property, real and personal, now or may hereafter be enacted. He shall receive for his services such compensation as the council may fix by ordinance. Tax receiver and collector. Sec. 14. Be it further enacted, That after the receiver and collector of tax returns of said town receives all returns made, the mayor and council will examine the returns made, and in case any person or persons shall fail to make said returns, or shall make any return deemed incorrect by the mayor and council, said mayor and council may assess the property of such person or persons, and may fix such value thereon as they may deem correct and just. If any owner of property thus assessed by the mayor and council of said town feel aggrieved by the assessment thus made by the mayor and council he may appeal to a board of arbitrators, one of whom shall be selected by the tax receiver of the town, and one by the party aggrieved, and in the event these two fail to agree, the arbitrators shall select a third party who shall assist them in rendering an award, and

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the decision of said board of arbitrators in fixing the value of said property shall be final. Tax returns. Sec. 15. Be it further enacted, That all ordinances, by-laws, rules and regulations now in force in said town not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and councilmen of said town. Existing ordinances, etc. Sec. 16. Be it further enacted, That the mayor shall be the chief executive officer of the town of Surrency. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully, fully and impartially executed and enforced, and that all of the officers or employees of said town faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of the town, and shall preside at all meetings of the town council; he shall preserve order and decorum, shall enforce the rules and regulations of the body and shall have power to punish for contempt of such rules and regulations as the town council of Surrency may prescribe. Powers and duties of mayor. Sec. 17. Be it further enacted, That the mayor, or mayor pro tem . of said town, may hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred dollars and labor on the streets of said town or public works of said town, not to exceed sixty days, and confinement in the common jail of said town, not to exceed sixty days. Police court. Sec. 18. Be it further enacted, That the mayor and council shall provide by ordinance for their compensation;

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shall not be increased during their term of office, and the said pay and compensation shall be fixed for the coming year at the first regular meeting in December of each year, and shall be from the first Tuesday in February to the following first Tuesday in February. Salaries. Sec. 19. Be it further enacted, That the mayor and council shall have the right and power to license, to regulate and control ten-pin alleys, billiard and pool tables, or to prohibit the establishment of such tables, and to remove or abate said tables or alleys when they deem it necessary; they shall have full power and authority to license all livery stables, and all buggies, hacks, wagons, carts and drays and other conveyances kept for hire in said town, and fix such rules and regulations as they deem necessary to govern any person engaged regularly in carrying passengers in or out of said town for pay; they shall have full power to provide and care for and make all necessary repairs to a cemetery for said town; to regulate and provide for the burying of the dead therein; and may sell or convey by deed or grant to persons who wish to purchase any vacant lot and unoccupied lots in said cemetery for burial purposes; shall have power to employ a sexton for same, with such assistants which at any time may be necessary, and to do whatever they deem best to preserve and beautify said cemetery. Specific taxes. Cemeteries. Sec. 20. Be it further enacted, That said corporation shall have full power and authority to assess and levy and collect all taxes upon real and personal estate within the corporate limits of said town as they may deem necessary for the support and government of said town, not inconsistent with the laws and Constitution of this State, and collect such taxes on trades, business occupations, theatrical

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exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town, as may be deemed proper; and fix and collect such taxes on circuses, menageries and all shows of domestic or wild animals, or other shows, as may be deemed proper by said mayor and councilmen; and fix and collect such taxes on any person or company dealing in confectionery, fruits, drinks, founts, hotels, running boarding houses, or engaging in any kind of business in the houses or on the streets or sidewalks of said town. And the mayor and councilmen shall have the further right to refuse or revoke license to anyone whenever a majority of the council are satisfied that such person is of loose, or low character or reputation or where the granting or holding of such licenses is injurious to business, society, morality, religion, or the peace, quiet and good order of said town. Taxation. Sec. 21. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other obstructions or nuisance in the public streets, lanes, alleys, sidewalks or public square of said town; to regulate all butcher pens, tan yards, steam boilers, and steam engines, blacksmith shops, stoves and chimneys within said town, and to remove or cause to be removed the same, or any of them, in case they should be dangerous or injurious to the health of any citizen of the town, or become nuisances; and also to fill up all pits, cellars and excavations in said town, or cause the owner to do so where the council shall deem it necessary to be done; also full power to regulate all pumps, wells, livery stables, fire companies or engine companies, or any apparatus of like character within said town; also to license and regulate all taverns, hotels, boarding houses and other public

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houses in said town; also to regulate the manner and place where timber, crossties and other heavy material shall be loaded or unloaded in said town. Police powers. Sec. 22. Be it further enacted, That the mayor and council of said town shall have power to curb, pave, drain and keep in good order and repair the roads, streets, side-walks, alleys, crosswalks, drains and gutters in said town for the use of the public or any of the citizens thereof; to protect Divine worship; to regulate the keeping of gun powder or other combustibles, and to make such rules and regulations and to pass such ordinances, and to enforce the same, as may be necessary to carry out the aforesaid powers. Police powers. Sec. 23. Be it further enacted, That all writs, processes, subp[UNK]nas, rules nisi for forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures or for other purposes, shall be directed to the marshal of said town, and all and singular the sheriffs and deputies of this State, signed by the clerk and bearing test in the name of the mayor of said town; and sheriffs and their deputies are empowered and required to serve and execute all writs, processes and warrants and subp[UNK]nas, executions, etc., issued as aforesaid when the property or parties to be proceeded against are without the corporate limits of the said town of Surrency; and the marshal or deputy marshal shall serve and execute all processes, writs, warrants, executions, subp[UNK]nas, etc., issued as aforesaid, when the parties or property to be proceeded against are within the corporate limits of said town. Taxes and other claims, how collected. Sec. 24. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and board of

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councilmen shall be entered on the minutes of ordinance book of the board of council, and shall become effective and operative when this is done. Minutes of council. Sec. 25. Be it further enacted, That no person holding office under this charter shall at any time during the time for which he was elected or appointed, or while in office, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having interest in such contracts entered into by himself or another, directly or indirectly. No officer to be interested in any municipal contract. Sec. 26. Be it further enacted, That the town of Surrency is hereby authorized to assess against telegraph, railroad companies and banks doing business in said town, and the property of each of the same in said town, a special license or occupation tax extra of the general tax such as is now authorized to assess against property of individuals or corporations, and that the mayor and councilmen of said town are hereby authorized to collect such license or occupation tax as it may assess as herein authorized in the mode and manner authorized for the collection by the corporation of said town of any other tax. Sec. 27. Be it further enacted by the authority aforesaid, That the mayor and town council of Surrency shall have power and authority to organize one or more chain-gangs, and to confine at labor therein persons who shall have been sentenced by the police court of said town to work upon the streets, or who have not paid their street tax, and they shall have power to make all rules and regulations that may be suitable, usual or necessary for the

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government and control of such work gangs, and to enforce the same through its proper officers. Chaingangs. Sec. 28. Be it further enacted, That any person convicted before the mayor's court may enter an appeal from the judgment of said court to the city council; provided , the appeal be entered within four days after the judgment complained of is pronounced; and provided, further , the defendant pays all costs accrued in the case and gives bond to abide the final judgment of the case in a sum not to exceed two hundred dollars, said bond to be assessed by the officer passing the judgment, and which bond must be approved by the clerk or marshal. The town council shall hear and determine said case so appealed at its next regular term thereafter, unless continued for good cause, and shall investigate the case de nova ; provided, that if the defendant is unable to give the bond required, then and in that event, the mayor may call a special meeting of council to dispose of such case. The town council shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor or other presiding officer of the mayor's court. The right of certiorari from the judgment of the mayor's court or the judgment of council on appeal shall be had in the Superior Court of Appling county, and shall be governed and controlled by the laws of this State governing all certioraries to higher courts. Appeals from mayor's court. Certiorari. Sec. 29. Be it further enacted, That all male citizens who are subject to road duty under the laws of this State, who have resided in said town ten days, shall be subject to work on the streets and roads of said town fifteen days in each year, or be taxed therefor, as the council may direct or determine, by a commutation tax not to exceed seven dollars and fifty cents per annum; and the mayor and council

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shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to street duty, who shall be compelled to do road and street duty according to the laws of said town; and said mayor and councilmen shall have power to punish defaulters by fine of not more than two dollars for each day's default, and in default of the payment of said fine to work upon the streets or public works of said town not less than ten nor more than thirty days; or the said mayor and council shall have power to collect and levy a tax in lieu of such road or street duty from all persons subject thereto, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street tax. Sec. 30. Be it further enacted, That the mayor and council of said town shall have full power and authority to open and lay out, straighten, or otherwise change streets and alleys in said town, and also to widen, when actually necessary for traveling space, any of the present streets. Whenever the mayor and council shall exercise the power above delegated they shall appoint two freeholders and the owner or owners of lots facing or fronting on said streets or alleys, or to be affected, injured or taken in part or wholly by the proposed improvement or change, shall on five days' notice appoint three freeholders, who shall proceed to assess the damage sustained or advantages derived by and the amount to be paid the owner, or owners, of said lots in consequence of the opening, widening, straightening or otherwise changing said street or alley, and said assessors shall take an oath that they will faithfully discharge their duties, and either party shall have the right to enter an appeal to the Superior Court of Appling county within ten days of the rendition of said award under

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the same rules and regulations that govern appeals from the Justice Court, and the amount of damages to be paid said owners, as finally settled, shall be paid by the mayor and council, and any amount found to be paid by any lot owner shall be assessed against the property of said owner by the mayor and council to be due upon such assessment. Control of streets. Sec. 31. Be it further enacted, That the mayor, or mayor `pro tem. , when presiding at any meeting of the board of council, or holding a police court, shall have the power to punish for contempt by fine not exceeding five dollars or imprisonment not exceeding twenty-four hours for each offense, or may imprison in default of the payment of said fine for twenty-four hours, in the discretion of the presiding officer. Punitive powers of police court. Sec. 32. Be it further enacted, That the mayor and council of said town are hereby expressly authorized to pass any ordinance not in conflict with the Constitution of the United States, of this State or the laws thereof, to prohibit the storage or keeping of wines, beer, malt, cider, alcoholic or intoxicating liquors of any kind for illegal purposes, and to punish within the limits prescribed by this charter any person or persons violating the same. Intoxicants. Sec. 33. Be it further enacted, That the mayor and councilmen of said town have full power, whenever they may deem it necessary, to require railroads in said corporate limits to make crossings on their several roads where they cross the public streets or roads in said town for the convenience of the traveling public, and to remove any obstructions which said roads have made, or caused to be made, on said crossings, and to pass ordinances needful for carrying out the provisions of this Section, and in case

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said railroads shall fail or refuse to make said crossings when notified to do so, the mayor and council shall have power to put same across such railroads at the expense of said railroads, and may issue their executions and levy and collect the same as provided by law for execution of municipal taxes. Further, the mayor and council shall have the right and power to require all railroad companies or factories to remove all coal chutes now located within the corporate limits of said town, or prohibit the same from being located where the same constitutes a nuisance or an injury to business or property, or where streets are closed or blockaded by same, The mayor and council shall have the right upon the failure of the factory or road to remove all such, after ninety days' notice to the nearest agent or manager, to cause same to be removed at the expense of said owners, and execution shall be issued by the mayor for the expense of removing the same at the expiration of thirty days' notice of completion of the work. Also, the mayor and councilmen shall have the right to regulate or prohibit within said town the shifting of cars or making up of trains, other than passenger cars, fruit or live stock trains, on the Sabbath, or steaming up or running any kind of factories or pump engines on the Sabbath day. And the right to regulate the speed of all kinds of trains and locomotives, automobiles, wagons, buggies, hacks, drays, etc., and live stock of all kinds in said town. And the said mayor and council shall have the right to psas regulations prohibiting the unreasonable blocking or closing of any street or road crossing in said town by trains or cars. Railroad crossings, etc. Sec. 34. Be it further enacted, That said mayor and councilmen shall have the right and power to regulate the places of telegraph and telephone poles in said town, and to remove, or to compel telegraph or telephone companies

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to remove said poles when they become dangerous to person or property, or to become an impediment to the use of the streets or private or public property. Sec. 35. Be it further enacted, That any person who may engage in any business in said town without the payment of license, when a license is required, or specific taxes are assessed, may be fined as for a violation of any ordinance. License. Sec. 36. Be it further enacted, That the mayor and councilmen shall have power to pass all needful ordinances to prevent stock from running at large in said town, to provide for the impounding of the same and sale of such after due notice has been posted for three days. Stock law. Sec. 37. Be it further enacted, That the mayor and councilmen shall have the power to regulate and prevent the use of firearms, fireworks or other dangerous explosives, or annoyances used in sport or otherwise, in said town. Explosives. Sec. 38. Be it further enacted, That the mayor and councilmen of said town shall have power, upon proof of existence and maintenance of any house of ill fame, or bawdy house, within said town, to cause the occupants to be forcibly removed after three days' notice, and upon refusal to comply with such notice the mayor shall have power to impose a proper fine. Disorderly houses. Sec. 39. Be it further enacted, That the marshal of said town shall have authority to arrest without a warrant and bring before the mayor of said town for trial any violators of the ordinances thereof in his presence or when the offender is likely to escape. Arrests.

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Sec. 40. Be it further enacted, That the mayor and council of said town may require and provide for the registration of votes for any or all elections for any purpose in said town, and are hereby empowered to make and enforce such rules and regulations, by ordinance, for this purpose as they may deem best, not inconsistent with the laws of this State. Registration of voters. Sec. 41. Be it further enacted, That the mayor, upon the complaint supported by oath or affirmation of any citizen of said town, setting forth in writing that to the best of his knowledge and belief that wines, beer, malt or alcoholic or intoxicating liquors are stored or kept for the purpose or with the intent of illegally selling or otherwise illegally disposing of same in a certain described place within the corporate limits of said town, shall thereupon issue a search warrant, directed to the marshal commanding the marshal to enter the suspected place, search for the described wine, beer, malt, alcoholic or other intoxicating liquors and seize them upon discovery; that the officer shall hold the goods in his custody and make return of his action and doings upon the warrant to the mayor; that the marshal may seize wine, beer, malt, alcoholic or intoxicating liquors, found by him in any case where said marshal would have been authorized to search for said articles mentioned above, if armed with a warrant, but he shall then, within a reasonable time, procure a warrant and make return as above of what he has already done; that a written notice shall be served by the marshal upon the party appearing to have said liquors in his custody or control, or if no one appears to be in immediate control of the same, upon the person who appears to have control of the building or the place where the same were found, to appear and defend the setting forth, when and where a hearing shall be had

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on the warrant, to determine whether the law has been violated by the storing or keeping of said wine, beer, malt, alcoholic or intoxicating liquors, and if the question shall be determined affirmatively, the property aforesaid shall be destroyed by the marshal after the lapse of thirty days from the date of the judgment on the warrant, unless the proper steps are taken in that time to have such judgment reviewed by a higher court. Blind tigers. Sec. 42. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved August 21, 1911. SYLVESTER, CHARTER AMENDED No. 29. An Act to amend the charter of Sylvester, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 22, 1905, be, and the same is, hereby amended; that is, Section second of said Act, and when so amended, shall read as follows: Be it further enacted by the authority aforesaid, That the mayor and council of said city may, and they are, hereby empowered to extend and for improving the present system of waterworks, sewerage and electric lights of said city of Sylvester by laying and extending storm and sanitary sewers and water mains, and purchasing a duplicate

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pump and air lift. For the purchase of real estate and the erection on same of a city hall building for municipal uses and purposes in and for said city of Sylvester, as they may deem proper and necessary from time to time, and to levy a tax to operate and maintain the same, and said mayor and council are authorized to submit to the qualified voters of the said city under the provisions of the Code of 1910, Sections 440 to 444, inclusive, the question of issuing of bonds in the sum of fifteen thousand dollars in addition to the sum of twenty thousand dollars as set out in Section of said Act. Sylvester city of: Municipal bonds. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 9th, 1911. TENNILLE, CHARTER AMENDED. No. 137. An Act to amend an Act amending the charter of the city of Tennille, in Washington county, Georgia, approved August 14th, 1909, by abolishing the mayor's court and re-establishing in lieu thereof the office of recorder and the recorder's court as outlined in the charter of the city of Tennille, approved August 21st, 1909; to provide that no other officer of the city of Tennille shall be eligible to hold the office of city recorder; to provide that the mayor or any aldermen of said city shall have no authority to remit any fines or otherwise interfere with the recorder's court except as prescribed in Section 24

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of the charter of the city of Tennille; to provide for the submission of this Act for ratification to the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1 of said Act approved August 14th, 1909, amending the charter of the city of Tennille be, and the same is, hereby repealed and in lieu thereof a new Section to be known as Section one be, and the same is, hereby enacted as follows, to-wit: Tennille, city of: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that an Act entitled `An Act to amend, consolidate, and supersede the several Acts incorporating the city of Tennille, in the county of Washington, to provide a new charter for said city, to provide for a municipal government for said city, and to define the powers, rights and duties of such government, and for other purposes,' approved August 21st, 1909, be, and the same is, hereby amended by providing that no other officer of the city of Tennille shall be eligible to hold the office of city recorder; provided, however , that in the event of the sickness, absence from the city of Tennille, or disqualification of the recorder, the mayor, and if not the mayor, the mayor pro tem. , or an alderman, may act as recorder pro tem . Recorder. Sec. 2. Be it further enacted by the authority aforesaid, That Section two of said Act, approved August 14th, 1907, be, and the same is, hereby repealed, and in lieu thereof, a new Section to be known as Section 2 be, and the same is, hereby enacted as follows, to-wit:

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Section 2. Be it enacted by the authority aforesaid, That the mayor nor any aldermen of the city of Tennille shall have any power or authority to remit any fines or otherwise interfere with the recorder's court except as prescribed in Section 24 of the charter of the city of Tennille, approved August 21st, 1909. Fines, etc. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and ordinances of the city of Tennille now existing with reference to the recorder and the recorder's court or the mayor's court, so far as the same can be made applicable, shall apply to the recorder and the recorder's court, and that immediately upon the ratification of this Act and the election of a recorder thereunder all causes pending before the mayor's court shall be tried and disposed of in the recorder's court. Existing ordinances. Sec. 4. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act the mayor shall call an election for the ratification or rejection of this Act. The question to be submitted shall be For ratification and Against ratification. If a majority vote for ratification this Act shall immediately become of full force and effect. If a majority vote against ratification, then this Act shall be null and void. Election to ratify this Act. Sec. 5. Be it further enacted by the authority aforesaid, That immediately after the ratification of this Act by the people, provided same is ratified, it shall be the duty of the mayor to call an election for a recorder who shall be elected by the qualified voters of city of Tennille, who shall serve until the next regular election of mayor and aldermen, after which the recorder shall be elected in the regular manner as prescribed in Section 18 of the charter of the city of Tennille. Election of recorder.

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Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. THOMASVILLE, CITY OF, PUBLIC SCHOOL SYSTEM AMENDED. No. 175. An Act to amend an Act establishing a system of public schools in the city of Thomasville, approved November 30th, 1900, so as to provide that vacancies upon the board of education shall be filled by election, by said board, instead of the mayor and aldermen of said city. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section three of the above recited Act be amended by striking out of said Section the following: All vacancies on the board of education caused by death, resignation, removal from the city, or otherwise, shall be filled by the mayor and aldermen of said city at their first regular meeting after said vacancy occurs. Thomasville, city of: And inserting instead thereof the following: Vacancies on the board of education caused by death, resignation, removal from the city, or otherwise, shall be filled by the board of education. A majority vote of all the remaining members being necessary for election. Vacancies in board of education.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. THOMASVILLE, CHARTER AMENDED. No. 44. An Act to amend the charter of the city of Thomasville, in the State of Georgia, as embraced in the Act of the General Assembly of Georgia, granting said charter, approved October 3rd, 1889, so as to provide for two voting precincts at all elections held therein; also to provide for the submission of the question of the right of the mayor and aldermen to fix compensation for the aldermen of said city. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the foregoing recited Act be amended by striking therefrom all of Section four and inserting instead the following: That all elections shall be held in said city on the third Tuesday in January of each year for a mayor and eight aldermen to serve for one year, and until their successors are elected and qualified. There shall be two voting precincts in said city in all elections held therein under the provisions of the charter thereof, and also in all municipal primary elections, to be designated as precincts one and two. Precinct number one shall be at the county court house in said city, and precinct number two shall be at the

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city hall in said city. All voters residing west from Broad street shall vote at precinct number one, and all voters residing east from Broad street shall vote at precinct number two. Said election at each precinct shall be held under the supervision of a Justice of the Peace of the 637th District, G. M., and two freeholders, or three freeholders, resident in said city. The polls shall be opened at 8 o'clock A. M. and close at 5 o'clock P. M., city time. No one shall be entitled to vote at said election, or any municipal election in said city unless he is a duly registered voter of said city. Said election to be conducted in all respects as for members of the General Assembly in said State, except that only two lists of voters and two tally sheets need be kept, and except as herein provided. Upon the close of said election, and counting of the votes, the managers shall consolidate the votes of the two precincts and declare the result, as now provided by said charter. Thomasville, city of: Elections for mayor and aldermen. Sec. 2. Be it enacted by the authority aforesaid, That the mayor and aldermen of said city may by majority vote of the entire board pass an ordinance fixing a salary of not exceeding one hundred dollars per annum for each alderman of said city; provided , no ordinance now passed to take effect in the future, or any ordinance hereafter passed fixing said salary shall become operative until approved by a majority vote of the voters of said city at a regular annual election for city officers. The question to be submitted by said mayor and aldermen in such manner and form as they may by resolution prescribe. Salaries. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1911.

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TUNNELL HILL, TOWN OF, CHARTER AMENDED. No. 173. An Act to amend an Act of the General Assembly of the State of Georgia, approved March 4th, 1856, incorporating the town of Tunnell Hill, in Whitfield county, Ga., so as to give to the commissioners of the town of Tunnell Hill jurisdiction over the streets and alleys of said town of Tunnell Hill; to authorize the commissioners of said town to pass such ordinances as they may deem necessary for preserving the peace, health and good order and good government of the said town; to enforce all ordinances by them adopted, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act approved March 4th, 1856, incorporating the town of Tunnell Hill, in Whitfield county, Georgia, be, and the same is, hereby amended as follows: Tunnell Hill, town of: Sec. 2. That the commissioners of the town of Tunnell Hill shall have jurisdiction over the streets and alleys of the said town and shall have the power and authority to close any streets or alleys in the said town which may, in the opinion of the said commissioners, be for the best interest of the town; lay out, open and improve such new streets and alleys as may, in their discretion, seem meet and proper; to work and improve the streets, sidewalks and alleys in said town in such way and manner as they may determine; to exercise the right of eminent domain over the streets and alleys of said town, institute condemnation

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proceedings, condemn private property for streets and alleys in said town, and to pay for the same as they may determine, not inconsistent with the laws of the State of Georgia. Control of streets etc. Sec. 3. Be it further enacted, That said commissioners shall have power and authority to pass such ordinances as they may deem necessary to preserve the peace, health, good order and good government of the said town, and to enforce all ordinances by them adopted by such fines and penalties as may be prescribed by them in said ordinances, not inconsistent with the laws of the State of Georgia. Said fines not in any case to exceed the sum of twenty-five dollars, and imprisonment not to exceed sixty days in the callaboose of said town, and work upon the streets of the said town not to exceed the term of sixty days, any one or all, as said ordinance may prescribe. Police powers. Sec. 4. Be it further enacted, That said commissioners shall have power and authority to levy a tax upon all the real and personal property in the town of Tunnell Hill, subject to taxation in such an amount as the said commissioners may deem necessary, to meet the expenses of the government of the said town, not to exceed in amount the sum of forty cents upon each one hundred dollars. Taxation. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 19, 1911.

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TYRONE, TOWN OF, INCORPORATED. No. 182. An Act to incorporate the town of Tyrone, in the county of Fayette, in the State of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Tyrone, in the county of Fayette, in the State of Georgia, be, and the same is, hereby incorporated under the name of Tyrone, by which name it may sue and be sued, plead and be impleaded. Tyrone, town of; incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning at a point on the A. B. A. right-of-way, east of the A. B. A. depot, and running south along the land lot line between the property of John J. Handley and Daniel and Jackson, till said land line again touches the A. B. A. right-of-way, and thence along the east side of said right-of-way to a point opposite the center of Fourth avenue, being a distance south of about eighty rods, thence west along center of Fourth avenue to the center of Atlanta street, about eighty-six rods; thence north along the center of Atlanta street to First avenue, eighty rods, and to continue northward in a straight line, eighty-five rods to the public road near the residence of J. W. Jones, thence east along the north side of said public road till the Hopewell church property is reached, seventy rods; thence north and east along the boundaries of Hopewell church and school property; thence to continue in a straight line east across the A. B. A. railroad and right-of-way and to run south along the eastern

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boundary of said right-of-way to T. N. Farr's land line, thence east along said land line twenty-four and a half rods; thence south to the road on said land line, between T. N. Farr's and John J. Handley's; thence along the north side of said road to starting point. Corporate limits. Sec. 3. Be it further enacted, that E. E. Jackson be, and he is, hereby appointed mayor of the said town, and B. E. McElwaney, J. H. Knight and W. D. Flowers are hereby appointed councilmen of said town to hold their offices until their successors are elected and qualified. Mayor and councilmen appointed. Sec. 4. Be it further enacted by the authority aforesaid, That an election shall be held in said town on the first Wednesday in January, 1912, and on each succeeding first Wednesday in January of each succeeding year. At the first election held under this charter on the first Wednesday in January, 1912, and biennially thereafter, there shall be elected a mayor and one councilman to hold their offices two years, and until their successors are elected and qualified; and at the election on the first Wednesday in January, 1913, and biennially thereafter, two councilmen shall be elected to hold their offices for two years, and until their successors are elected and qualified, all of which elections shall be held by a Justice of the Peace of said county and two freeholders of said town or in the absence of a Justice of the Peace, then by three freeholders of said town, and shall be conducted in all respects as elections for members of the General Assembly are held. Elections of mayor and councilmen. Sec. 5. Be it further enacted, That the said mayor and council shall elect one of their number clerk and treasurer, and shall have the power to elect a town marshal, and such other town officers as they may deem necessary for the

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purpose of carrying into effect the purpose of this Act, and that said town marshal, mayor or councilmen may arrest without warrant any person guilty of a violation of the ordinances of said town or reasonably suspected thereof; and bring the offender before the mayor's court for trial, to this end said town marshal, mayor or councilman, as the case may be, may summon any of the bystanders as a posse to assist in such arrest and to provide a punishment for any person failing or refusing to obey such summons. Officers. Sec. 6. Be it further enacted, That the mayor and council shall have the power in meeting assembled to pass all laws, rules, regulations, by-laws and ordinances that may deem necessary for the government of said town, the protection of the life, liberty and property of its citizens or sojourners therein, and in all matters safeguard the best interest of the people and od all things needful and necessary that are not repugnant to the Constitution of said State of the United States. Corporate powers. Sec. 7. Be it further enacted, That the mayor of said town, and in his absence, the mayor pro tem. , (who shall be elected from among the councilmen, by the councilmen themselves), shall be chief executive officer of said town; it shall be his duty to see that all the ordinances, by-laws, rules, regulations and orders of the mayor or the mayor and councilmen are fully executed, and he shall have control of the marshal of said town and his deputies, and he may appoint special police whenever he may deem it necessary, and it shall be his special duty to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have the power

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to issue executions for all fines, penalties and costs imposed by him, and issue warrants for the arrest of all disorderly persons or those guilty of disorderly conduct, in said town, and in default of immediate payment of all fines and penalties and costs imposed he may imprison the offender. The fine imposed by said mayor or mayor pro tem. shall in no case exceed the sum of one hundred dollars, and the imprisonment shall be in the jail of said town or in such other place of safe keeping as they may designate and shall be for not longer than sixty days, or he may in lieu of imprisonment, sentence such offender to work upon the streets of said town for a period not to exceed sixty days from the date of such sentence or to date when the same is finally put into execution. Mayor, powers and duties of. Sec. 8. Be it further enacted, That when said mayor or mayor pro tem. holds a court in the town of Tyrone, to try offenders against the ordinances of the town, he shall have the power to sit as a Justice of the Peace, and shall have the right to commit to the jail of Fayette county, or admit to bail ( provided , the offense be bailable) for any violations of the State's laws, and the jailer of Fayette county shall be authorized to receive all such persons so committed and delivered by said authorities to him, the same as other prisoners committed to him. Punitiv powers mayor, court. Sec. 9. Be it further enacted, That the mayor and council shall have the power and authority to require all persons within the corporate limits of said town who are subject to road duty under the laws of this State, to work the streets of said town under the direction of the marshal or his deputy, for a period of ten days, in such year, or he may prescribe a commutation tax, not to exceed the sum of four dollars, which may be paid in lieu of such work upon the streets. Street tax.

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Sec. 10. Be it further enacted, That the mayor and council shall have the power to annually levy and collect a specific or license tax on any business, trade, occupation, profession or calling carried on or conducted within the limits of said town of Tyrone. [Illegible Text] on tax. Sec. 11. Be it further enacted, That the mayor and council shall have the power to annually levy and collect an ad valorem tax not to exceed five mills on the dollar on all the property, real and personal, subject to State and county taxes, within the corporate limits of said town, for the purpose of carrying into effect the conditions of this charter, and that such taxes shall become due and collectable at such time and in such manner as may be prescribed by ordinance of said mayor and council. [Illegible Text] valorem [Illegible Text]. Sec. 12. Be it further enacted, That the sale of spirituous, malt, or other intoxicating liquors or beverages shall never be licensed in said town, and the sale thereof is hereby forever prohibited. [Illegible Text]. Sec. 13. Be it further enacted, That the mayor and council shall be exempt from street tax or other street duty, and that said mayor and council may receive such other compensation as the mayor and council may direct. [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] of mayor and councilmen. Sec. 14. Be it further enacted, That the mayor and councilmen of said town shall have the power to define a public nuisance and to abate the same and punish those maintaining the same. [Illegible Text]. Sec. 15. Be it further enacted, That all vacancies occurring in the offices of said town shall be filled at any time by the mayor and council excepting vacancies in the offices

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of mayor and council, which shall be filled by an election ordered by the mayor and council for that purpose. [Illegible Text]. Sec. 16. Be it further enacted, That the mayor and council shall build, erect and maintain a guard house or jail for their use in the confinement of offenders and to be used in any and all ways necessary to carry out the provisions of this Act. Guard house. Sec. 17. Be it further enacted, That the mayor and council shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of said town, and to prescribe penalties for violations thereof. Vagrancy. Sec. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911. UNION POINT, CITY OF, CHARTER OF AMENDED. No. 208. An Act to amend an Act approved August 15th, 1904, entitled An Act to incorporate the city of Union Point in the county of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties, and to to provide for all matters of municipal concern; and to establish public schools; and for other purposes, by providing for compensation for the mayor and council.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section seven of the Act approved August 15th, 1904, to incorporate the city of Union Point, whose title is quoted above, be, and the same is, hereby amended by adding the words to said Section seven, as follows: The mayor and councilmen shall have power by ordinance to fix, from time to time, to alter, a compensation for the mayor not to exceed two hundred dollars per annum, and for councilmen not to exceed two dollars apiece for each regular meeting actually attended; provided , no councilman shall receive more than twenty-four ($24.00) dollars per annum, for attending such meetings; provided , that no such ordinance shall effect the mayor and councilmen in office at its passage, so that said Section, when amended, shall read as follows: Section 7. Be it further enacted, That the mayor and councilmen shall have the power should they see fit to do so, to elect a mayor pro tem. , a clerk of council, to be also members of the council, and a city marshal or marshals, to hold their offices for the term of one year or until removed by the mayor and council, and to receive such compensation, if any, as may be fixed by the mayor and council. The duty of the city marshal or marshals shall be determined by ordinances. Before entering upon the discharge of his duties the city marshal shall take and subscribe an oath faithfully to perform the duties of his office. Said marshal and treasurer shall enter into a bond with good security in an amount to be fixed by the mayor and council for the faithful performance of their duties. The mayor and council may also appoint special police for special emergencies. The mayor and councilmen shall have power by ordinance to fix from time to time, to alter, a

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compensation for the mayor not to exceed two hundred dollars per annum, and for councilmen not to exceed two dollars apiece for each regular meeting actually attended; provided , no councilman shall receive more than twenty-four ($24.00) per annum, for attending such meetings; provided , that no such ordinance shall effect the mayor and councilmen in office at its passage. Union Point, city of: Salaries of mayor and councilmen. Section 1 (a). Be it further enacted by the authority aforesaid, That this Act shall become operative when approved by a majority of the qualified voters of the city of Union Point, in an election to be held for that purpose. Said election to be held and conducted in the usual manner of holding elections for mayor and councilmen of said city to be called by the mayor and council or a majority of them, and written notice of time and place of holding the same to be posted by them at the postoffice in said city, and three other public places within the corporate limits of same, thirty days prior to said election. Those voting in favor of the adoption of the amendment shall have writter or printed on their ballots the words For the adoption of the amendment, and those voting against the adoption of said amendment shall have written or printed on their ballots the words Against the adoption of the amendment. Ratification. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911.

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VALDOSTA, CITY OF, CHARTER AMENDED. No. 129. An Act to amend the Act chartering the city of Valdosta, approved November 21, 1901, Acts 1901, page 670, as amended, so as to authorize the mayor and council of the city of Valdosta to appropriate the sum of five thousand dollars ($5,000.00) per year, for a period of ten years, making a total sum of fifty thousand dollars ($50,000.00) towards the establishment and maintenance of the Agricultural, Industrial and Normal College, as a branch of the University of Georgia, as has been established under the provisions of the Act of the General Assembly of the State of Georgia, approved August 18, 1906, Acts 1906, page 75, or such other college as may hereafter be established under any Act of the General Assembly of the State of Georgia, in the county of Lowndes, in or near the city of Valdosta; to provide for raising said appropriation by local taxation, and to authorize the mayor and council of said city of Valdosta to pay said sum annually to the trustees or other proper authorities of said College. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act chartering the city of Valdosta, approved November 21, 1901, Acts 1901, page 670, as amended be, and the same is, hereby amended so as to authorize the mayor and council of said city of Valdosta, and the said mayor and council is hereby authorized, to appropriate the sum of five thousand dollars ($5,000.00) annually, for a period of ten years, towards the establishment and maintenance of the

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Agricultural Industrial and Normal College, in Lowndes county, in or near the city of Valdosta, as a branch of the University of Georgia, as established by the Act of the General Assembly of Georgia, approved August 18, 1906, Acts 1906, page 75, or such other college as may be established in Lowndes county, in or near the city of Valdosta, as a branch of the University of Georgia, by any Act of the General Assembly of the State of Georgia. Valdosta, city of: Appropriation for Agricultural, Industrial and Normal College. Sec. 2. Be it further enacted by the authority aforesaid, that the mayor and council of the said city of Valdosta shall be authorized to, annually, assess and levy an ad valorem tax on all the taxable property within the corporate limits of said city of Valdosta, in addition to all other taxes now assessed and levied by said city, sufficient to raise the said sum of five thousand dollars ($5,000.00) mentioned in Section one of this Act; provided , that tax shall not exceed one-fifth of one per cent. Tax to pay appropriation. Sec. 3. Be it further enacted by the authority aforesaid, That said tax shall be assessed, levied and collected in the same manner as other taxes, and when collected, shall be paid over by the mayor and council of said city to the treasurer of the board of trustees, or other proper authorities of said college. Tax, how collected. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1911.

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VALDOSTA, CHARTER OF, AMENDED. No. 106. An Act to amend the Act chartering the city of Valdosta, approved November 21, 1901, Acts 1901, page 670, as amended, so as to authorize the mayor and council of said city of Valdosta to establish, erect and maintain a charity hospital in said city; to provide for a board of trustees for said hospital, and for the government of the same; to provide for the establishment, erection and maintenance of said hospital by local taxation and otherwise, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act chartering the city of Valdosta, approved November 21, 1901, Acts 1901, page 670, as amended, be and the same is, hereby further amended so as to authorize the mayor and council of said city of Valdosta to establish, or erect, or maintain, or establish, erect and maintain, a charity hospital in said city, to provide for the election of a board of trustees and the proper government of said hospital, and to do any and all things necessary to carry this Act into effect. Valdosta, city of: Charity hospital. Sec. 2. Be it further enacted by the authority aforesaid, That said mayor and council shall be authorized, and said mayor and council is hereby authorized, to assess, levy and collect an ad valorem tax of one-third ([UNK]) of one mill on all taxable property within the corporate limits of said city, in addition to all other taxes now assessed and levied by said city, for the establishment, erection and

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maintenance of said hospital, same to be assessed, levied and collected as other taxes. Tax for hospital. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1911. VIENNA, CITY OF, CHARTER AMENDED. No. 165. An Act to amend the first Section of an Act approved August 14th, 1906, amending an Act, approved August 22, 1905, amending the charter of the city of Vienna, approved December 10th, 1901, so as to authorize the authorities of said city of Vienna to issue municipal bonds not to exceed the aggregate sum of sixty thousand ($60,000.00) dollars, for the purpose of purchasing, building, completing and equipping a public school building in the said city of Vienna, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is herbey enacted by authority of the same, That Section one of an Act approved August 14, 1906, amending an Act approved August 22, 1905, amending the Act incorporating the city of Vienna, approved December 10, 1901, be amended by striking the words thirty-five in the sixth line of said Act, as it appears between the words of and thousand, and inserting

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in lieu thereof the word sixty, so that said Section, as amended, shall read as follows: Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the mayor and aldermen of the city of Vienna be, and they are, hereby authorized and empowered to issue bonds of said city in such sums and at such times as they may see proper, not to exceed in the aggregate sum of sixty thousand dollars, of the denomination of not less than $100.00, and not more than $1,000.00 each, to become due and payable at such time or times not to exceed thirty years from the date of the issuance thereof, as said mayor and city council may determine, and to bear interest not to exceed six per cent. per annum; said bonds to be issued, sold and hypothecated for the purpose of purchasing, building, completing, and equipping school buildings, improving the system of waterworks in aforesaid city, establishing, equipping and maintaining an electric light plant, improving the streets and building a system of sewerage in said city of Vienna. Vienna, city of: Bonds for schools and public utilities. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. WASHINGTON, CHARTER AMENDED. No. 15. An Act to amend an Act establishing a new charter for the town of Washington Georgia, approved December 8, 1894, and the Act amendatory thereof, to incorporate

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the town of Washington, Georgia, as the city of Washington, Georgia, approved November 25, 1899, and all other Acts amendatory thereof. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the town of Washington, Georgia, approved December 8, 1894, and the Act amendatory thereof to incorporate the town of Washington, Georgia, as the city of Washington, Georgia, approved November 25, 1899, and also all other Acts amendatory thereof, be and the same are hereby amended, providing for a board of health, as follows: Washington, city of: Section 1. That there shall be a board of health consisting of five members, one of whom shall be a qualified physician, who shall be appointed by the mayor and confirmed by the council, and each member shall hold office for two years from the day of the confirmation of his appointment and until his successor is appointed and qualified. No member of said board shall hold any other municipal office during his term. Said board shall meet once every month, or oftener if necessary, at such times and places as the chairman may direct; and shall make a full report of its actings and doings to the mayor and council every quarter, together with such recommendations touching the public health as they may see fit and proper, and shall also make such other and further reports as the mayor and council may require. Three members of said board shall constitute a quorum for the transaction of business, except in times of epidemic, when one member shall have power to act temporarily. And when any member shall fail to attend three consecutive meetings of said board without sufficient excuse, the chairman shall report the same to the mayor and council, who shall have authority to

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declare his place vacant, and should said mayor and council declare the same vacant, said vacancy shall be filled as in the first instance. And any vacancy that may occur in any way on said board shall be filled as in the first instance. Board of health. Sec. 2. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of public health and likewise for the prevention and suppression of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinance of the mayor and council. And said board of health shall have full power and authority to declare by resolution what acts and things shall be deemed nuisances injurious to public health, and how and within what time the same shall be abated. And likewise so declare by resolution what may be by said board of health deemed necessary for the preservation of the public health and for the prevention and suppression of infectious and contagious diseases. All ordinances of the city of Washington now in force for the prevention of all the things in this Section shall have full force and effect until the same are changed by amendment or otherwise. The mayor and council shall by proper ordinances provide for the punishment of offenders against the regulations of the board of health, and the recorder's court shall have jurisdiction to try and punish all persons charged with and found guilty of any violation of any resolution of said board of health, and the fines arising therefrom shall be paid into the city treasury. Powers of board of health. Sec. 3. Said board of health shall have supervision of the sanitary condition of all the streets, lanes, alleys and water closets, together with the drainage and sewers of the

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city. They shall also examine all public buildings, institutions and public and private cellars and lots within the city, and compel such sanitary regulations therein as they may deem necessary and proper. Said board of health shall have power to declare what are infected places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent acts. And they may establish such quarantine regulations, with the approval of the mayor and council, as are not in conflict with the Constitution of this State and of the United States. They shall have power and authority to require all physicians, clergymen and magistrates to make a report of all births, marriages and deaths occurring in said city, with which they have professional relations, which report shall be turned over by said board to the city clerk. And all the records of the proceedings of this board shall be carefully filed and kept among the records of the city government and shall be open to public inspection. Sanitary regulations. Quarantine. Sec. 4. That said mayor and council shall, upon the report of the board of health, cause any nuisance likely to endanger the health of the city, or any neighborhood or place to be abated in a summary manner; and where the nuisance is caused by the act or negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the property, causing the same, and payment thereof be enforced by fine or imprisonment, or both, in the discretion of said mayor and council. Nuisances. Sec. 5. That said mayor and council, upon report of said board of health, shall cause the owner or owners of lots within the city to drain the same or fill the same to the level of the streets and alleys on which said lot or lots front. Also a like report, to cause the owner, or owners, of cellars

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holding water, to cause the same to be emptied of water or filled up if necessary, and whenever the owner or owners of any such lot or lots, or cellar and cellars, shall refuse, or fail after a reasonable notice to him or to his agent or to the tenant in the possession of said premises to comply with all the requirements of said mayor and council for the period of twenty days, it shall be lawful for the mayor and council to cause the same to be done at the owner's expense; and for the amount so expended execution against said owner shall issue in the same manner as executions for city taxes, to be collected from said property belonging to him; and a sale under said execution shall pass title to said property as fully and completely as a sale by the Sheriff under judgment and execution, and said owner shall be subject to punishment for maintaining such a nuisance. Drainage. Sec. 6. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 28, 1911. WESTON, TOWN OF, INCORPORATED. No. 78. An Act to incorporate the town of Weston, in the county of Webster, to define its limits, to provide for a mayor and four councilmen, and other officers of said town, and to prescribe their powers and duties; to provide for the making of all laws, rules, regulations, ordinances for the proper government and control of said town, and the enforcements of its ordinances, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Weston, in the county of Webster, be, and the same is, hereby incorporated as a town under the name of the town of Weston. Weston, town of; incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town of Weston shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Weston, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successor, for the use and benefit of the town of Weston, any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of said town for corporate purposes, and to sell, exchange or lease the same in any way whatever, and by the name and style of the town of Weston shall be capable to sue and be sued in any court of law or equity in this State, plead and be impleaded and do all other acts relating to their corporate capacity that may be necessary in performing their duties. Corporate powers. Sec. 3. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Weston shall be within the following described lines: Beginning at the crossing of the Seaboard Air Line Railway and the public road leading from Richland to Albany, west of the town Weston, and running a line at right angle to said Seaboard Air Line Railway in a southwestern direction two hundred and fifty yards to a corner, and then a line running parallel to said Seaboard Air Line Railway in a

Page 1622

southeasterly direction a sufficient distance to a corner, so that a line running in a northeasterly direction at right angle to said Seaboard Air Line Railway, said line will cross said Seaboard Air Line Railway at the one mile post southeast of the depot at Weston; and then said line to run at right angle to said Seaboard Air Line Railway in a northeastern direction eight hundred yards to a corner; then said line to run in a northwestern direction and parallel to said Seaboard Air Line Railway a sufficient distance to a corner, so that the line run in a southwestern direction and at right angle to said Seaboard Air Line Railway eight hundred yards said line will run back to the starting point. Corporate limits. Sec. 4. Be it further enacted by the authority aforesaid, That the corporate powers of said town shall vest in a mayor and four councilmen, who shall be elected on the fourth Wednesday in August biennially, the first election to be held under this Act shall be on the fourth Wednesday in August, 1911. Said mayor and councilmen shall hold their office for two years, or until their successors are elected and qualified, and if from any cause there should be a failure to hold any election under this Act, the mayor, if in office, or upon his failure, then the councilmen, or any of them, if in office, or upon their failure, then the Justice of the Peace or notary Public and ex-officio Justice of the Peace of the district of Webster county in which the town of Weston is located, may order an election under the provisions of this Act by giving ten days' notice thereof by posting written notice thereof in at least three public places in said town. Election of mayor and councilmen. Sec. 5. Be it further enacted by the Authority aforesaid, That all elections held under the provisions of this charter shall be superintended and managed by a justice

Page 1623

of the peace, or some other judicial officer and two freeholders, or by three freeholders, all of whom shall be citizens of said town, and each of said managers before entering on his duties, shall take, before some officer duly qualified to administer oaths the following oath to-wit: I do solemnly swear that I will faithfully and impartially conduct this day's election held for mayor and councilmen for the town of Weston, and that I will not knowingly prevent any person from voting, who is qualified to vote in this election, nor will I knowingly allow any person to vote who is disqualified. And said managers shall cause to keep two tally sheets and lists of voters of said election, and the polls at every such election shall be opened at 9 o'clock a. m. and closed at four o'clock p. m. No person shall be entitled to vote in any election (except the first) of said town unless he is a duly registered voter of said town, said election to be conducted in all respects as elections for members of the General Assembly of said State, except as herein otherwise provided. Elections, how held. Sec. 6. Be it further enacted by the authority aforesaid, That the clerk of said town shall be ex-officio register of said town and shall open his books for registration of voters thirty days before each regular or special election for the registration of the qualified voters of said town, which book or books shall be kept open from 9 o'clock a. m. until 5 o'clock p. m. each and every day except Sundays and legal holidays, until five days before the election, when said book or books shall be fairly and absolutely closed, when applying for registration. Each and every person shall take and subscribe the following oath, which said clerk is hereby authorized to administer to-wit: You solemnly swear that you have attained the age of twenty-one years, that you are a citizen of the United States, that

Page 1624

you have resided in the State of Georgia for the past twelve months, and in the county of Webster for the past six months, that you have paid all State, county and municipal taxes required of you since the adoption of the Constitution of 1877; that you have never been convicted of a felony or larceny, that you have resided in the corporate limits of the town of Weston for the past sixty days, and have paid all taxes legally required of you and considered this town your home for that length of time; so help you God. Any person who shall take said oath and swear falsely, in so doing shall be guilty of false swearing and shall on conviction thereof be punished as prescribed by the State in such cases made and provided, when said registration books shall have been closed as herein provided, by the said register, he shall turn the same immediately over to the mayor and council of the said town of Weston, who shall purge the same of any illegal voters, or name of any illegal voter found thereon, first having given to each and every person whose name is suspected of being illegally on said registration list two days notice to appear before them at such time and place as they may designate, to show cause why his name should not be stricken from said list, such notice to specify the reason why his name is proposed to be stricken by said mayor and council. After the said list shall have been purged, the clerk shall furnish to the superintendent of said election at least one copy of said voters list, alphabetically arranged, before the time for opening of the polls. No candidate for any town office shall be eligible as a superintendent of said election. Registration of voters. Sec. 7. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of mayor or councilmen who is not legally registered as a voter of said town; that the superintendents of such elections shall declare

Page 1625

those persons receiving the highest number of votes for mayor or councilmen duly elected, and furnish a certificate to that effect; shall return one tally sheet and one list of voters with the ballots under seal to the town clerk and the other tally sheet and list of voters to the ordinary of Webster county. The persons so elected must present themselves at the council chamber within ten days and take the oath before the outgoing mayor or any officer authorized by law to administer oaths, faithfully to discharge the duties of mayor and councilmen, as the case may be, any one desiring to contest any election, shall file a notice of contest with the ordinary of Webster county within three days after said election, setting forth all the grounds for contest, and upon payment of a fee of ten dollars ($10.00) in advance, the Ordinary of Webster county shall cause a copy of said notice to be served by the sheriff or his deputy upon the contestees and give notice at the same time to both parties, of the time, place and hearing, not later than ten days from the date of the service; the Ordinary of said county is authorized to hear and determine the contest with the right of certiorari to the Superior court, the cost to be paid by the losing party. Qualifications of mayor and councilmen. Sec. 8. Be it further enacted by the authority aforesaid, That in case of vacancies in the office of mayor, the councilmen shall elect one of their own number for the unexpired term, and in case of vacancy in the board of councilmen the remaining members shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. Sec. 9. Be it further enacted by the authority aforesaid, That said mayor and council shall have power at any regular meeting to elect a clerk, treasurer, marshal, policeman, and such other officers as they may deem necessary for

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the enforcement of the law and the maintenance of good order in said town to regulate the time, mode, and manner of electing each and all of said officers to fix their fees and salaries, assess and take their bonds and prescribe their powers and duties. Sec. 10. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer of the town of Weston, he shall preside at all meetings of the council, when he is present, (and in his absence the mayor pro tem . shall act in has stead) and he shall have the right to vote in all elections and upon all questions which may come before said body, except upon questions where he is disqualified by reason of interest or otherwise; he shall see that all laws, ordinances, resolutions and rules of said town are faithfully executed and enforced and that all the officers of said town shall faithfully discharge the duties required of them. He shall sit in council chamber of said town as often as may be necessary for the trial of all offenders against the laws and ordinances of said town, and impose such penalties and such sentences as the ordinance may prescribe. He shall receive such compensation as the council may fix (if council shall fix any, the same being left to the council). That the mayor of said town and the mayor pro tem . when in the exercise of the duties of the office of mayor, shall be ex-officio Justice of the peace within said town for the purpose of issuing warrants for offences committed in said town and binding or committing to the jail of said county the offenders to appear at any court having jurisdiction of such offences. Powers and duties of mayor. Sec. 11. Be it further enacted by the authority aforesaid, That there may be an appeal from the decision of the mayor or the mayor pro tem . to the board of councilmen

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in all cases, and a majority of said board shall be sufficient to hear and determine such appeal, and that the officer from whose decision or judgment an appeal is made shall not be competent to preside in such case of appeal with the other members of council, such appeal shall be made under the laws of this State governing appeals, and from the decisions of the board of councilmen there shall be the right of certiorari to the Superior Court of Webster county under existings laws of this State governing certiorari to said court from the justices' courts in this State. Appeals and certiorari. Sec. 12. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and council after their election and qualification, it shall be the duty of said body to elect a mayor pro tem . who shall perform all the duties of said mayor when from any cause he cannot be present, or is disqualified from executing the duties of his office. Mayor pro tem. Sec. 13. Be it further enacted by the authority of aforesaid, That said mayor and councilmen shall have power and authority to levy and collect a tax upon all and every species of property in said town, upon banking and insurance capital employed in said town, upon brokers and factors upon each and every business calling, trade and profession carried on in said town to tax all theatrical performances, shows and exhibitions, for gain upon banks, insurance, telegraph, telephone and express agencies in said town or of any profit in said town to tax itinerant traders and peddlers, all venders of patent medicines, drugs, books, nostrums or device of any kind, all facilities of canvassers selling goods, wares or merchandise by same at retail or to consumers, all said taxes except the tax on real or personal property, which shall be ad valorem , and not exceeding

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one per cent, for ordinary current expenses, shall be in the nature of a license which must be paid in advance of doing business or carrying on the trade or occupation or canvassing or offering for sale any of the articles above set forth, and the said mayor and councilmen shall provide by ordinances for the punishment of all parties required to take out license, who do or attempt to do any business before taking out such license and complying fully with all requirements of said mayor and councilmen made with reference thereto. Taxation. Sec. 14. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to license and regulate all hotels, boarding houses, and restaurants, to prevent the erection and maintenance in said town of butcher-pens and slaughter-houses, tan-yards, blacksmith shops, saw mills, wood working mills, grist mills, ginneries, forges and chimneys, except permission by said mayor and councilmen, and to cause the removal of any and all such establishments whenever they become dangerous to the health and welfare of the citizens, endanger the lives or property, or both, of others, or become nuisances, to cause all lots or premises to be thoroughly drained, and to this end may open ditches or drains at the expense of the owner thereof, when they, after reasonable notice, fail to do so, said expense to be collected as town taxes are collected; to license and regulate drays, hack, carts, wagons, or other vehicles making a business of hauling for hire or gain, either directly or indirectly any article or material of any kind, within the limits of said town; to regulate, control, and license all livery, feed and sales stables, pumps, wells, fire engines, hose and engine companies, to regulate the running of trains within the incorporate limits of said town, to require a license

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from all auctioneers; also to collect a commission on all goods sold at auction or on commission in said town, and to fix the amount of license, and to issue and withhold license, as to them may seem best. Said mayor and council shall have power and authority to issue fi. fas . for all taxes or licenses due said town, or against all defendants found guilty of any violation of said ordinances of said town, and said fi. fas . shall be enforced and collected by the marshal of said town and as common law fi. fas . are now collected in this State. Specific taxes. Sec. 15. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to open, lay out, curb, pave and drain streets. alleys or lanes or to widen, straighten, or otherwise enlarge or improve streets, alleys or lanes in said town; to purchase, improve and beautify public squares or parks in said town; and to appropriate money for school purposes in such manner as they deem best. And said mayor and councilmen shall full power and authority to condemn private property for street, lanes, or alleys, and for laying sewer or water pipes therein. They shall also have full power and authority to prevent any party from encroaching upon the streets, alleys or sidewalks, or placing any obstruction in or on or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment, whether buildings, porches, steps, signs, or whatever it may be, already erected, and to prevent and abate any nuisance on the premises of any person in said town, or upon any street, alley or sidewalk. Streets, et Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to prescribe fire limits in said town and to preseribe

Page 1630

the plan of building and the kind of material to be used in the building of houses within said fire limits. Fire limit Sec. 17. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to prevent mules, horses, cattle, hogs, sheep, goats and dogs from running at large in said town or in any portion thereof, and to prevent and prohibit the keeping of hogs in the city limits or to regulate the manner in which they must be kept if allowed to remain; shall have full authority to take up and impound any such animal, and to remove hogs from the town and punish all owners of such animals who refuse to obey any ordinances passed by said mayor and councilmen to carry this authority into effect. Stock law. Sec. 18. Be it further enacted by the authority aforesaid, that said mayor and councilmen are hereby authorized and empowered to pass all such ordinances, rules and regulations as may seem to them necessary and proper to prevent the maintenance of any nuisance of any character whatever within said town, and to punish for any violation of such ordinances, rules or regulations by fine or imprisonment at work of the public works or streets, removal or exclusion from said town, any one or more or all of said punishment may be included in one sentence. And they are further authorized to suppress and prevent the maintenance of any in said town of any character which would tend to debauch or corrupt the good morals of the town. Nuisances. Sec. 19. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish and regulate a city police, and to elect a chief of police and such other officers and members of the police force as may seem to them necessary, and to discharge the same or any member of said force when the

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majority of said body of mayor and council may so decide. The marshal of said town, and any member of said police force shall have power to arrest any person acting in a disorderly manner or disturbing the peace and good order of said town, or committing or attempting to commit any crime in said town, or suspicious character, and take the parties so arrested before the mayor or other officers authorized to issue warrants or accept bail, for examination or trial as soon as practicable. Police force. Sec. 20. Be it further enacted by the authority aforesaid, That for the purposes of raising revenue for the support of and maintenance of said town government, said mayor and council shall have full power and authority, and shall provide by ordinance for assessment, levy and collections of an ad valorem tax on all real and personal property within the corporate limits of said town not exceeding one per cent thereon, except for ordinary purposes. Ad valorem tax. Sec. 21. Be it further enacted by aforesaid authority, That said mayor and council shall have full power to elect at the same time the other city officers are elected by them three persons, freeholders, residents of said town, as assessors, who shall hold their office for one year unless removed by the mayor and council for cause to be judged of by them. It shall be the duty of the assessors to assess the value of the real estate within the corporate limits of said town; said assessors shall make return to said mayor and council and said mayor and council shall place such assessments so returned in the hands of the clerk, who shall enter same on his digest with other taxes, and the same shall be collected as other taxes of the town; provided , That if any tax payer is dissatisfied with said assessment, he or she may appeal to the mayor and council for a correction of

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said assessment, within fifteen days after the assessor's returns have been completed and handed in as provided for in this Section, and the judgment of the mayor and council shall be final, as to the assessment. Tax assessors. Sec. 22. Be it further enacted by the authority aforesaid, That the said assessors, before they enter upon the discharge of their duties shall take and subscribe an oath before the mayor, faithfully and truly to assess all the real estate within the corporate limits of said town and to return such assessments to the mayor and council thereof, with the names of the owners thereof, and shall receive for their services such sums as the mayor and council shall order, when the tax assessments and corrections, if any, are completed and entered upon the digest by the clerk, he shall turn over the books for that year to the treasurer of the town, who shall be ex-officio tax collector, who shall proceed to collect the taxes as assessed. The treasurer shall report to the mayor and council all taxes not collected when the books for any year have been closed and the Mayor and council shall order the said ex-officio tax collector to issue executions against all persons who fail to pay by the time fixed for issuing executions, which execution shall be a lien second only to the lien for State and county taxes on all property owned by the defaulting tax payer. The execution shall be turned over to the marshal of said town, who shall proceed to collect them in the same way as executions for the State and county are collected, and shall levy, advertise, and sell property subject to such executions under the law governing sheriffs in levying, advertising and selling property under executions for State and county taxes. The deed of the marshal of said town to any property sold under any such executions shall pass the title of said property to the purchaser as completely and absolutely as

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the deed of such defaulting tax pawers would have done, provided however , that any person whose property has been sold for taxes, shall be allowed to redeem the same by paying to the purchaser at any time within twelve months from date of the sale the full amount of his bid, with ten per cent. premium thereon, provided, further , that this Section shall not go into effect until said mayor and council shall so declare by ordinance regularly and legally passed. Taxes, how collected. Sec. 23. Be it further enacted by the authority aforesaid, That the mayor of aforesaid town shall hold a police court as often as may be necessary, for the trial of offenders against the by-laws, ordinances, rules and regulations of said town, and may, when presiding in said court punish any person convicted of violating any by-laws, ordinances, rules or regulations of said town by sentencing said offender to pay a fine not exceeding fifty dollars, or to imprisonment in the guard house of said town for any time not exceeding thirty days, or to work on streets or public works of said town for any time not exceeding thirty days, or may impose any one or more of these punishments for the same offense. Said court may enforce its judgments by imprisonment in the guard house or work on the streets or public works. When presiding in court the mayor shall have power to punish for contempt of court any person disturbing said court, refusing to obey its mandates or in any way guilty of contempt thereof by a fine not to exceed twenty-five dollars for each act of contempt, or commit to the guard house of said town for any time not longer than ten days, in the absence, sickness, or disqualification of the mayor, the mayor pro tem . or in the absence of both, any member of the council, shall have and may exercise all the powers conferred by this charter upon the mayor. The marshal and clerk shall be the officers of said court, and

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shall have for their attendance and services in said court, such fees as may be fixed by the mayor and council, which fees shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of any of the ordinances, rules or regulations of said town, shall, unless the offense is of such nature as to require the arrest and confinement of the party, be served by the marshal or any policeman, as the case may be, and bearing test in the name of the mayor or mayor pro tem. , setting out in a plain summary way, the nature of the offense charged and the time when and the place where the party is required to appear, and stand a trial, any party under bond or who has been previously summoned who shall fail to appear and time of place named for trial, shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to securities thereon, that unless they produce their principal within one week, judgment will be entered up against them for the amount of said bond, an execution issued against said principal and securities for the amount of said judgment and cost. Nothing herein contained shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve peace, good order, or security of said town or to prevent the commission of a crime. Police [Illegible Text]. Sec. 24. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to compel all male residents in said town between the ages of sixteen and fifty to work the streets of said city at such time as, in their opinion, it is needful for such time, not exceeding fifteen days in each year, or pay such a sum of money not to exceed five dollars in any one year, as commutations for such work, and in lieu thereof, as said mayor and council may ordain; and the said mayor and

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council may make all ordinances necessary to carry this power into effect, and to punish by fine not exceeding twenty-five dollars or work on the streets thirty days any and all persons subject to road duties who refuse to work or pay the commutation. Thirty days' continuous residence in the corporate limits of said town so as to subject him to liability to do street work. Street tax. Sec. 25. Be it further enacted by the authority aforesaid, That said mayor and councilmen may appoint a board of health consisting of not less than three members, one of whom shall be elected president of said board by the members thereof, and shall be a reputable physician in regular practice in said town; said board of health shall be charged with the duties of looking after the sanitation of the town, and shall prescribe rules and regulations for keeping the town in as good sanitary condition as possible. The rules and regulations adopted by said board shall be submitted to said mayor and council and when approved by them, shall be binding on all citizens and shall be enforced in the same manner as the ordinances, and any violation thereof shall subject the offender to arraignment before the mayor and punishment, on conviction, by fine, imprisonment, work on the streets, as in case of other violations of the town ordinances. The mayor and council shall decide when it is necessary to establish quarantine against any place or district in order to guard against the introduction of any contagious or infectious disease, and against what points or what territory quarantine shall be enforced, and the quarantine regulations, when enforced by the mayor and council, shall be binding and may be enforced against all parties coming into or passing through said town, and any person or persons seeking to enter said town, who cannot show a proper health certificate, and other proofs required by said

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regulations, may be compelled to comply with all quarantine regulations and be punished for any violation thereof, by fine not exceeding fifty dollars, imprisonment under guard at the quarantine station for any time not exceeding thirty days, or both. An inspector for that purpose appointed by the mayor and council shall visit the premises of every citizen of said town for the purpose of ascertaining whether said premises are in good sanitary condition or not, and whether the owner or occupant of any house or lot refuses or neglects to keep the same in good condition, the mayor and council may have the same done at the expense of said owner or occupant, or both, said expense to be collected as taxes are collected. Board of health. Sec. 26. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to issue bonds as now provided by law for issuing bonds by municipalities in this State to be used for any purpose as to them may seem best for the promotion of the best interest of said town. Municipal bonds. Sec. 27. Be it further enacted by the authority aforesaid, That said Mayor and council shall have power and authority to purchase, own or construct and operate a waterworks plant within or near said town for the purpose of furnishing water to persons within or near said town and to make such charges for said water as they may see proper to do so. Water. Sec. 28. Be it further enacted by the authority aforesaid, That said mayor and council have power and authority, to buy, own, erect and operate an electric light plant within or near said town as they may think best, for the purpose of furnishing lights to individuals or corporations

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and for furnishing power to such parties as they may desire to furnish and to charge for said lights and power. Light. Sec. 29. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to make, ordain an enforce all such by-laws, rules and regulations as may appear to them necessary and proper for the security, welfare and interest of said town of Weston. General welfare. Sec. 30. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Approved August 12, 1911. WILBURN, TOWN OF, REPEAL OF CHARTER TO BE SUBMITTED TO VOTERS. No. 187. An Act to repeal an Act entitled An Act to incorporate the town of Wilburn, in the county of Franklin, State of Georgia; to define the corporate limits thereof; to provide a municipal government for said town, to confer certain powers and privileges on same, and for other purposes, approved August 8, 1910. To provide for the ratification or rejection of this Act by the qualified voters of said town at an election to be held for said purpose; to provide for the holding of said election and declare the result thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, That the above recited Act, incorporating the town of Wilburn, in the county of Franklin, State of Georgia, approved August 8, 1910, be, and the same is, hereby repealed. Wilburn, town of; repeal of charter. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall not become operative until submitted to and ratified by a majority of the legally qualified voters residing within the corporate limits thereof at the time of holding an election held for said purpose and voting in said election. On Thursday, August 31, 1911, there shall be held an election in said town of Wilburn for the purpose of determining the question of the ratification or rejection of this Act. Those voting in said election, and desiring to vote in favor of repealing the Act incorporating said town of Wilburn shall have written or printed upon their ballots the words For repealing the Act incorporating the town of Wilburn. And those desiring to vote against repealing said Act, shall have written or printed upon their ballots the words Against repealing the Act incorporating the town of Wilburn. Should a majority of the votes cast in said election be For repealing the Act incorporating the town of Wilburn, then and in that event, this Act shall become of full force and effect and said Act incorporating said town shall be repealed and said incorporation abolished. Ratification. Sec. 3. Be it further enacted, That said election shall be held at the voting precinct in Wilburn District G. M., and in accordance with the law regulating the holding of elections for members of the General Assembly of said State so far as the same is applicable, and the following exceptions: Said election shall be managed by a Justice of the Peace or Notary Public and ex-officio Justice of the

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Peace, residing in said town, and any two freeholders residing therein, and should said officers fail or refuse to hold said election or fail to be present at the time of opening the polls of said election, then any three freeholders residing in said town are hereby authorized to hold the same. The managers of said election shall each take and subscribe the following oath: We as managers do swear that we will conduct this day's election fairly and impartially, and permit no one to vote unless we believe him to be legally entitled to vote, so help us God. Said oath may be taken before any officer authorized by law to administer oaths, and in the absence of such officer, before each other. The managers of said election shall make their returns to the mayor and councilmen of said town, who shall declare the result of said election. Election, how held. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1911. WOODVILLE, CITY OF, INCORPORATED. No. 289. An Act to incorporate the city of Woodville, in the county of Greene, and State of Georgia; to grant certain privileges to said city; to prescribe and define its corporate limits; to provide for the election of a mayor and aldermen of said city; to prescribe their duties, powers, qualification and manner of their election and terms of offices; to prescribe the qualifications of electors; to provide

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for the government of said city; to provide for the exercise of the right of eminent domain in and by said city, to provide a system of public schools for said city and the maintenance of the same; to provide for the election of a board of education for said city; to provide a system of taxation for said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory hereinafter described be and they are, hereby incorporated under the name and style of City of Woodville, and by that name shall be, and are, hereby invested with all the rights, power and privileges incident to municipal corporations in this State and the said city of Woodville, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and the United States and said city of Woodville, shall be able in law to purchase, hold, receive, enjoy possess and retain in fee simple, or for any term of years, any estate or estates, real or personal, lands, tenements, and hereditaments of what kind or nature whatsoever within or without the limits of said city, for corporate purposes. Woodville, city of: Corporate [Illegible Text] and [Illegible Text]. Sec. 2. Be it further enacted, That the government of said city shall be vested in a mayor and five councilmen. The following shall compose the mayor and council of said

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city: W. P. McWhorter mayor, and W. J. Durham, C. G. Moody, C. J. Davison, J. H. Armstrong, A. F. Durham, councilmen, who shall hold office until the next regular election and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights and powers given by this Act. Mayor and councilmen appointed. Sec. 3. Be it further enacted that on the first Wednesday in January of each year hereafter, there shall be elected a mayor and five councilmen, whose term of office shall be one year, and until their successors are elected and qualified. In case of a vacancy from any cause, the remaining mayor and councilmen shall perform all the duties of the council; provided , that there is a mayor pro tem. and a quorum of councilmen. In case there is not a quorum of councilmen, the remaining members of the council shall call an election to fill such vacancy after giving ten days written notice, to be held under the same rules and regulations as general elections are held. The said mayor and council shall have authority to adopt the necessary ordinances providing for all rules and regulations to govern the holding of all elections, governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therein. A mayor pro tem. shall be elected by the mayor and council who shall discharge all the duties of the mayor in his absence, disqualifications, or inability to act. Election of successors. Sec. 4. Be it further enacted by the authority aforesaid, that the corporate limits of said city shall be as follows: Beginning at the center of the crossing where Penfield and Woodstock public road intersects the right of way of Georgia Railroad on its Athens branch and extending one and a quarter miles in all directions. Corporate limits.

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Sec. 5. Be it further enacted, That the qualified voters of the said city shall be those qualified to vote for members of the General Assembly in said county, and who have resided for six months immediately preceding an election within the corporate limits of said city, and shall have paid all taxes due them to said city including fines and street tax, and shall have registered as prescribed by said mayor and councilmen. Voters. Sec. 6. Be it further enacted, That the Mayor and council before entering on the duties of their respective offices shall take and subscribe the following oath, administered by any person authorized by the law to administer oaths, to-wit: I do hereby solemnly swear or affirm that I will faithfully discharge all the duties incumbent on me as mayor (or councilmen) of the city of Woodville according to the best of my ability, so help me God. Said oath shall be subscribed to and recorded on the minutes of the council of said city. Oath of mayor and councilmen. Sec. 7. Be it further enacted, That when a vacancy shall occur from any cause in the office of the mayor or in the council the vacancy shall be filled by the appointment by the councilmen from among the citizens of said eligible as herein prescribed. Vacancies. Sec. 8. Be it further enacted, That at the first regular meeting of the mayor and council of said city after their election and qualification, and thereafter when a vacancy shall occur, they shall elect a city clerk, who shall be ex-officio tax receiver, tax collector and clerk of the mayor's court [Illegible Text] said city of Woodville; a marshal, chief of police, if they deem it necessary and as many policemen as in the judgment of said mayor and council may be necessary, and

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such officers as the mayor and council may deem necessary in the government of said city, each of said officers shall take such oath, perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided , that all bonds of officers shall be made payable to the city of Woodville. Said mayor and council shall have power and authority, and it shall be their duty to fix salaries or compensation of said mayor and councilmen, and all other officers, agents and employees of said city, which when once fixed shall not be diminished or increased during the term of office for which determined. All officers of said city shall hold their offices at the pleasure of the mayor and council. All expenditures of the mayor and council and the compensation of the city officers, shall be paid out of the city funds by order drawn by the city clerk and countersigned by the mayor, or in his absence by the mayor pro tem . Officers. Salaries. Sec. 9. Be it further enacted, That said mayor and council shall have the power and authority to provide for the arrest, trial and punishment of offenders against any ordinance, by-laws, rule or regulation of said city, by fine and imprisonment or by fine, or by work on the streets and improvements in lieu of fine; provided , said fine shall not exceed $100.00 nor imprisonment or work on the streets for over ninety days. Arrests. Sec. 10. Be it further enacted, That all the elections held under the provisions of this charter, and all elections in which any subject or question is submitted, the qualified voters of said city shall be superintended and managed by a justice of the peace and two freeholders, who are citizens of said city, or by three freeholders, all of whom shall be citizens of said city; and each of said managers, before

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entering on his duties, shall take and subscribe before some justice of the peace, or some officer qualified to administer the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power. So help me God. Said managers shall keep or cause to be kept two lists of voters and two tally sheets. All elections shall be held at regular place for holding elections in said city, and the voting shall be by ballot. The polls shall be open at 7 o'clock a.m. and close at 3 o'clock p.m.; persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council who shall pay for the same by an order on the city clerk. Elections, how held. Sec. 11. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place the same, together with the ballots in a sealed package, together with a certificate showing the result of the election, signed by said managers, and deliver them forthwith to the mayor, who, with the council shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city is contested, notice of contest shall be filed with the clerk of the retiring council within two days after such election, setting forth all the grounds of contest and upon the payment of $10.00 in advance to said clerk within two days, said clerk shall cause a copy of said notice to be served by the marshal on the contestee, if said contest is for an office; and if the result in any election in which any question is submitted is contested, the said clerk shall cause

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notice served on the mayor of said city and published one time in some newspaper in said city or by placing notice on the city hall door; said mayor shall fix the time for hearing such contests, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days notice before hearing. The contestor shall pay the marshal $2.00 in advance for serving notice. The mayor and council are authorized to hear and determine the contest, and the losing party shall pay all costs, for which said mayor and council are authorized to render judgment, and said clerk to issue execution thereon, which shall bear test in the name of the mayor and be signed by said clerk. Lists of voters. Contested elections. Sec. 12. Be it further enacted, That no person shall be eligible to the office of mayor or councilman of said city unless he shall have resided in said city one year preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and be a freeholder. Qualifications of mayor and councilmen. Sec. 13. Be it further enacted, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. or in his sickness, or absence or disqualification, any one of the council chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. Disqualification of mayor. Sec. 14. Be it further enacted, That the mayor or mayor pro tem. and three members of the council shall constitute a quorum for the transaction of any business before the council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the city council, the mayor, or mayor pro tem. if he is presiding, shall be entitled to vote only in cases

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of a tie. Said mayor and council shall hold their meetings within the limits of said city, and at such time and place as they see proper. Quorum of council. Sec. 15. Be it further enacted, That if, in the investigation of any case before the mayor of said city, or acting mayor, it should appear that the penal laws of this State have been violated it should be the duty of the mayor, or acting mayor to bind over the offender or offenders to answer to such offence to the proper tribunal competent to try the case. Appearance bonds. Sec. 16. Be it further enacted, That the mayor of said city shall be chief executive officer of Woodville. He shall see that the laws, ordinances and rules of said city are faithfully executed, and enforced. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the mayor and council. Powers of mayor. Sec. 17. Be it further enacted, That it shall be the duty of the said clerk to receive the tax returns, collect the taxes, license and special business taxes and all other taxes, fines and assessments made by the mayor and council, keep all the different funds separate, attend the meetings of the mayor and council, keep the minutes of such meetings and record the same in a book to be kept for that purpose, and perform such ofter duties as the mayor and council may require of him. Duties of clerk. Sec. 18. Be it further enacted, That the marshal of said city of Woodville shall be empowered to levy all executions in favor of said city, and all executions issued by authority of said mayor and council, whether for ad valorem , business tax, assessment, or any other, or for fines,

Page 1647

licenses, or any other claims or demands of said town shall be directed as hereinafter described; and the said marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and to make all deeds where sales are made under executions. The marshal of said city shall have the same authority to place purchasers at marshal's sales in the possession as Sheriffs have, and deeds of real estate sold by the marshal under execution shall have the same force and effect, and shall be admitted in evidence, as are Sheriff's deeds in this State. The marshal of said city shall have other and further powers as may be conferred or imposed upon him by ordinances by the mayor and council of the city of Woodville. Marshal. Sec. 19. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of the mayor pro tem. , any one of the councilmen chosen by the council may hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding thirty days in the city prison of Woodville or by fine not exceeding $25.00. Said fine may be collected by execution, to be issued by the clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public work of said city. Said mayor's court shall have the power to impose the following penalties for the violation in any place of said city, public or private, of any ordinance of the city passed in accordance with its charter, this is to

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say, fines not exceeding $100.00, imprisonment in the city prison of Woodville not exceeding ninety days, or worked on the streets or public works of said city for a term not exceeding ninety days, and any one or more of these punishments, in the discretion of the court. Fines imposed as provided for in this Section may be collected by execution, to be issued by the city clerk against the estate of the offender, if any estate be found, if none, the offender may be imprisoned or worked on the streets or other works, as provided for in this Section. The city clerk and marshal are hereby constituted officers of said court. Mayor's court. Sec. 20. Be it further enacted, That the mayor and council of Woodville shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the court of said city to work upon the streets or other public works of said city, and shall have the power to make all rules and regulations that may control such work gangs, and to enforce the same through its proper officers. Work gangs. Sec. 21. Be it further enacted, That the marshal or any marshals of said city shall release any person arrested within the corporate limits of said town upon said person giving a bond to be approved by the mayor of said city of Woodville, conditioned to pay the obligee in said bond and amount by the mayor of said city in the event said person arrested does not appear before the corporate authorities of the city of the time and place specified in the bond, and from time to time until the said person arrested is tried for the offence for which he or she was arrested. And should said person fail to appear at the time and place fixed in said bond, said bond may be forfeited before the mayor's court of the city of Woodville, as the mayor and

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council may by proper ordinance provide. Said mayor and council shall have authority to compel the attendance of witnesses by imprisonment if necessary, and to take bonds to secure their attendance, and to forfeit said bonds before the mayor's court, and to pass ordinances to carry these provisions into effect. Appearance bonds. Sec. 22. Be it further enacted, That any person owning or holding of property of any kind in any capacity within the corporate limits of said city on the day in each year fixed by said mayor and council for valuation of property for taxation after the passage of this Act, shall return the same for taxation under oath by the first day of May in each year, to the city clerk upon blank form or schedules by the mayor and council, for the return of all taxable property, and each tax payer in said city shall fill out said schedule, entering thereon all the property owned or held by said tax payer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds and stocks of all kinds not by law exempt from taxation, and the person making the return shall take and subscribe before the city clerk the following oath, to-wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, real or personal, owned or held by me in any capacity whatever on the day of..... (the day determined by the mayor and council for the valuation of property for tax returns) subject to taxation in the city of Woodville, Georgia, including money on hand, notes, accounts, mortgages, stocks, bonds, and other investments and securities. So help me God. Each oath shall be signed by the person making said returns, and attested by the city clerk. Said mayor and council shall have authority to fix by ordinance

Page 1650

a day in each year on which property shall be valued for taxation. Tax returns. Sec. 23. Be it further enacted, That the mayor and council may, at their option, elect three upright tax payers and owners of real estate, as city tax assessors, who shall serve at the pleasure of said mayor and council. It shall be the duty of said tax assessors to assess the value of real and personal estate in said city, for the purpose of taxation by said city, and it shall be their duty to examine the tax returns of the tax payers of said city, and increase or decrease the valuation of said property. Said assessors shall make return of their assessments made by them to the mayor and council at such time as the mayor and council may direct. When said return is made the mayor and council shall fix a time and place for hearing objections to the assessments, said objections to be heard by the mayor and council, and the clerk of said city shall give each owner of the property, whose tax returns have been increased at least five days' notice of such hearing, stating therein the amount of said increase. If the owner is not a resident of said city, and has no agents therein the mayor and council shall prescribe what notice if any shall be given. If the property has been given in by an agent, notice may be served upon said agent. Said mayor and council shall have the power and authority to provide by ordinance for assessing all property both real and personal, not returned for taxation; and for double taxing defaulters. All assessments shall be final if no objection is made on or before the time set for hearing objections by the said mayor and council, such as the mayor and council may by ordinance prescribe, having beein given of such hearing; and if objections are made to any assessment, the decision of said mayor and council, after hearing evidence, shall be final.

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The mayor and council on the hearing of objections, may increase or decrease the assessments as made by the assessors. Members of the city council shall be eligible to act as tax assessors. Tax assessors. Sec. 24. Be it further enacted, That in case any property which is subjected to taxation was assessed, or returned for taxation, and all taxes collected herein in any year then passed, the city tax assessors, or mayor and council, may at any time assess said property for said year or years, if there has been a failure to return it as required by law; provided , the mayor and council shall have provided for double taxing defaulters, and execution shall then issue therefor, as in other cases, at the rate for the several years in which no taxes were paid. The mayor and council may provide by ordinance for the execution of the provisions of this Section, if necessary, and shall provide for notice to parties whose property has been or may be, assessed for back taxes and the hearing of any complaint. All assessments referred to in this Section shall be made as directed by the mayor and council. Back taxes. Sec. 25. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid, when execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and fix a penalty for the non-payment of taxes when due. Taxes, when due. Sec. 26. Be it further enacted, That executions for any and all taxes or fines, fees, forfeitures or demands due said city, or its corporate authorities, against any person or persons, firm, company or corporation, shall be issued

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by the clerk of said city, bear test in the name of the mayor, and be directed to the marshal of said city, and all and singular the Sheriffs, Deputy Sheriffs and Constables of this State, commanding them that if any property belonging to the defendant against whom said execution is issued, they make by levy and sale the amount due on said execution and costs. The mayor and council shall provide by ordinance for advertising of, method of conducting and all other regulations governing the sales by the marshal under city executions. The Sheriffs, Deputy Sheriffs and Constables of this State shall have the same power and authority to levy and collect executions issued by the city of Woodville, as they have to levy and collect from the various courts of the State. Taxes, etc, how collected. Sec. 27. Be it further enacted, That said mayor and council shall have authority to regulate the opening and closing of all business houses within said city so as to provide at what hour each shall close and open. Said mayor and council may classify the said business, and make such regulations for each class as they deem best. Business hours and classification. Sec. 28. Be it further enacted, That said mayor and council shall have full power and authority to license billiard tables, pool tables and ten-pin alleys, theatrical companies, and shows and exhibitions and to fix the amount of such license by ordinance. They shall have the power to place a tax upon brokers, and to regulate all markets, opera houses, livery stables, auctioneers, itinerant traders, peddlers of all kinds, and all other traveling or located venders or dealers of articles, wares or merchandise, except such as are excepted by the laws of the State. Also, all solicitors or canvassers, selling goods or wares by sample at retail or to consumers; and all other establishments,

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businesses, calling or vocations which under the Constitution and laws of this State are subject to taxes. Licenses. Sec. 29. Be it further enacted, That the mayor and council may, by ordinance, provide for enforcing the foregoing provisions of this Act by prescribing penalties for those who may engage, or attempt or offer to engage in, any of said businesses without first having taken out the license required by law. Also, to provide for the collecting of the license by issuing, levying and collecting executions thereof, as executions are issued, levied and collected for ad valorem taxes. Said mayor and council shall have power to revoke any license granted under the provisions of this charter, for any violation of laws or ordinances regulating the granting or issuing of said license. License tax. Sec. 30. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all by-laws and ordinances for the prevention and punishment of disorderly conduct and conduct liable to disturb the place and tranquility of any citizen or citizens thereof and any other by-laws, regulation and ordinance that may deem proper for the security of the peace, health, order and good government of said city. Police regulations. Sec. 31. Be it further enacted, That said mayor and council shall have full and complete control of the streets, sidewalks, alleys and squares of said city, and shall have full power to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening or otherwise changing streets, grades of streets, sidewalks and alleys of said city; and whenever said mayor and council shall desire to exercise the power and authority granted in this Section, it may be done whether

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the land sought to be condemned is in the hands of the owner or trustee, executor, administrator, agent, or guardian, in the manner provided by Section 4657 and 4686, Volume 2, Code of 1895, of this State, and Acts amendatory thereof. Said mayor and council shall have full power and authority to remove any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this Section by appropriate ordinances. Control of streets, etc. Sec. 32. Be it further enacted, That the mayor and council of said town shall have power to require every male inhabitant in said town, who by laws of this State, are subject to be worked on the public roads, to work such length of time on the streets as said mayor and council shall direct by ordinance, in no case to exceed ten days in one year. Any person subject to be worked on the streets shall have the right to relieve themselves of said work by paying a commutation tax to be fixed by ordinance, which tax shall-not exceed $5.00 per year, said work to be done or tax to be paid as said mayor and council may direct. Any person subject to work on the streets who shall fail to work or to pay said tax after being properly notified, may be punished in the mayor's court as prescribed by ordinance. Street tax. Sec. 33. Be it further enacted, That the mayor and council shall have full power and authority to make an assessment of the various lots of land and lot owners in said city for sanitary purposes, not to exceed $2.00 per annum on each lot so assessed, and said mayor and council are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date

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of the assessment. The execution shall be issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided , no residence lot shall be less than twenty-five feet front, and no business lot less than ten feet front; provided, further , the assessment made under this Section shall not be made on vacant lots, and residence lots shall be subdivided for assessment. Sanitary tax. Sec. 34. Be it further enacted, That the mayor and council shall have full power and authority to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises, whenever in their judgment and in the opinion of the city physician such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood within said city. The mayor and council are authorized to enforce the provisions of this Section by appropriate ordinances. Sanitary regulations. Sec. 35. Be it further enacted, That the mayor and council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and enlarge, change, modify its limits from time to time; to prescribe when, how and of what material buildings in said city may be erected or covered; how high the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city, so far as possible from danger from fire and prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangements of

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chimneys, stove pipes, flues, or the removal thereof, when in their judgment the same are dangerous, or likely to become so, and make the owner of the premises pay expenses of such changes, which may be collected as taxes are now collected. And if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and council may order such buildings removed, and if such person, firm or corporation shall not remove such building after notice to do so, then said mayor and council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. Sec. 36. Be it further enacted, That said mayor and council may, by ordinance, provide for a board of health, to consist of such number to hold office for such length of time, and to have such power and duties as the mayor and council may by ordinance provide. Board of health. Sec. 37. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said city and provide for the abatement of the same. The mayor's court of said city of Woodville shall have concurrent jurisdiction with the mayor and council of said city in respect to trial and abatement of all nuisances in said city of Woodville. Nuisances. Sec. 38. Be it further enacted, That said mayor and council shall have full power and authority to prevent annoyance to the public or individuals from anything dangerous, offensive, unwholesome; to protect places of Divine worship in and about the premises where held; to regulate the keeping of gun powder, dynamite and other combustibles; to provide in or near city places for the burial of the

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dead, and regulate the interment therein; to provide for the drainage of lots in said city by proper drains, sewers and ditches; to make regulations guarding against danger or damage by fire; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of Woodville, and to prevent the obstruction of the streets of said city, or the gathering or disorderly crowds in said streets and to enforce the provisions of Section by appropriate ordinances. Police powers. Sec. 39. Be it further enacted, That said mayor and council shall, in the exercise of their police powers, have full power and authority to pass such ordinances as they may think proper to more effectually prohibit the illegal sale of spirituous, vinous, malt, or intoxicating liquors within the corporate limits of the city of Woodville, and to that end may provide ordinances punishing any person or persons having on hand or keeping in said city spirituous, vinous, malt or intoxicating liquors for illegal sale. Intoxicants. Sec. 40. Be it further enacted, That no person holding an office under the city of Woodville, shall during the time for which he was elected or appointed, be capable of contracting with said corporation or its duly constituted officers for the performance of any work which is to be paid for out of the treasury, nor shall any person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. No officer shall be interested in any city contract. Sec. 41. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, hogs, cows or other animals running at large in said city; also to levy a tax on each dog in said city running at large not to exceed $1.00 a year, and to make and

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enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said city and to enforce the provisions of this Section. Stock laws Sec. 42. Be it further enacted by the authority aforesaid, That the city council of Woodville are hereby authorized and empowered to establish, maintain, support and control a system of public schools, which shall be provided for by local taxation and otherwise in the manner hereinafter provided for in this Act; provided, however , that before a local tax can be levied and collected as herein provided for public schools, the mayor and council of their own motion, or when requested to do in writing by 15 freeholders of said city shall advertise an election by posting a notice at the city hall and by advertising an election in a newspaper published in said county of Greene once a week for four weeks, to be held at the same place as other elections are held in said city, at which elections, all persons qualified to vote for mayor and aldermen shall be qualified to vote, and none others. Said election to be held, conducted and managed in all particulars as all other elections under this charter. The electors at said election shall write or have printed on their tickets For tax for public schools, or Against tax for public schools, and in the event the majority be in favor of local taxation for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force; provided, further , that if at any such election the vote should be against taxation for public schools, then the mayor and city council are authorized and empowered to call another election for such purpose at any time; provided , a period of two months shall intervene between each election. Public schools.

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Sec. 43. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Woodville be, and they are, hereby constituted a board of education for the city of Woodville, under the corporate name of the Woodville board of education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board are authorized to make such by-laws, rules and regulations for carrying the provisions of this Act into effect and for their government and control as to them may seem right and proper, and which are not in conflict with the laws of the State. The clerk of council shall be secretary of said board, and perform such duties and receive such salary as the board shall prescribe. The treasurer of council shall be treasurer of said board of education and give such bond, and receive such pay as may be fixed by the board. Board of education. Sec. 44. Be it further enacted by the authority aforesaid, That said board shall have the power, and it is hereby made the duty of the same, to speedily devise, design, adopt and establish when they deem best under the provisions of this Act, a system of public schools for said city, providing separate schools for the white and black races. That said board shall have full and accurate minutes of their proceedings and shall meet at such time and place as they may fix. Said board shall supervise, regulate and make efficient said school system, shall select and employ teachers for said schools, fix the terms and the time of beginning and closing of the same; they shall have the right to remove or suspend any teacher whenever in the discretion of the members they may deem such action to be for the interest of said schools; they shall fix the compensation of teachers and provide for their pay; they may provide grades in said

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schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts which they deem best to promote the best educational interest of the city, not in conflict with the State laws. System of schools. Sec. 45. Be it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of the city, and to build or rent school houses, improve grounds or expend any sums in their hands for the promotion of education in said city. They shall be personally liable to the city of Woodville for any money paid to said board for the use of said schools, and by them appropriated and paid out for any other purpose. Powers of board of education. Sec. 46. Be it further enacted by the authority aforesaid, That if the election provided for in this charter shall be in favor of public schools, then the mayor and council of Woodville shall be authorized and empowered to assess, levy and collect a tax not to exceed one per cent per annum; that is to say, ten dollars on every thousand dollars of property, on all the taxable property of every kind in said city, which said school tax shall be used exclusively for the purpose of establishing and maintaining said schools; and provided, further , that it shall be lawful in the sound discretion and best judgment of said members of the board to charge and require a small incidental or matriculation fee for each scholar admitted into said school; which amount shall in no event exceed the sum of one dollar per month; provided, however , the board of education may, in their discretion, require children living outside of the

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limits of said city to pay tuition for and during the school terms; provded, further , that all such tuition shall become a part of the fund for the maintenance of said public schools and must be used and ascounted for, as shall likewise any other fees. School tax, etc. Sec. 47. Be it further enacted by the authority aforesaid, That said board of education shall determine, as early as practicable in each year, what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, which having been determined, said taxes shall be collected as other taxes of said city are, and shall be paid out under order of the board, and according to such rules and regulations as they may adopt. School tax, how collected. Sec. 48. Be it further enacted by the authority aforesaid, That the board of education of Green county, or such other body as may have charge of the public schools within the corporate limits of said city of Woodville, nor have any authority or voice in the management of the schools therein established under the provision of this Act by the board of education of Woodville. County board. Sec. 49. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia shall pay over to the board of education of Woodville the pro rata share of the State school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the city of Woodville increased by the number of children of school age residing without the limits of said city, but residing within the limits of Greene county, who attend such schools. It shall be the duty of the said board to prepare and furnish

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the State School Commissioners, immediately upon the establishment of said schools, and annually thereafter, in the fall of each year, at such time as they may fix, a list of all school children residing in the county of Greene who attend said schools. Pro rata share of State school fund. Sec. 50. Be it further enacted, That the mayor and council shall have the power and authority to establish a system of waterworks and electric or other lights or either in said city for the purpose of supplying water and lights, or either, to said city and the inhabitants thereof, and to do any and all other things necessary for said purposes, to contract with any person or persons for the purchase of lands and premises for plants, either within or without said city limits; to make contracts with the inhabitants of said city, and to pass all ordinances, rules and regulations necessary and proper for said purposes. That the mayor and council of said city shall have full power and authority to contract with any person, natural or artificial, for a term of years to furnish said city and its inhabitants with electric or other lights and water, or either, upon such terms and conditions as they may think best, and to grant to such persons, firms or corporation, franchises and rights to the use of the streets of said city for the purpose of installing said electric or other lights and waterworks system, or either of them. Light and water. Sec. 51. Be it further enacted, That the mayor and council shall have authority and power to issue bonds of said city in such sums and at such times as they shall see proper, not to exceed in the aggregate the sum of seventyfive thousand dollars ($75,000.00) of the denomination of five hundred ($500.00) dollars, each to become due and payable at such times not exceeding thirty years from the

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date of the issue thereof, as said mayor and council shall determine, and bear not exceeding six per cent. per annum. Said bonds to be issued, sold and hypothecated for the purpose of establishing, maintaining and operating said waterworks, electric or other light system, either or all; also a sewerage and drainage system for said city; provided , however, that said bonds shall not be issued until the same shall have been submitted to a vote of the qualified voters of said city and approved by two-thirds vote by the qualified voters of said city voting at such elections. Municipal bonds. Sec. 52. Be it further enacted, That the mayor and council of said city shall have full power and authority to establish, construct and maintain one or more systems of sewerage and drainage, or parts of such systems in said city and around said city for the health, cleanliness and comfort of its inhabitants; and the said mayor and council shall have entire and absolute control and jurisdiction over all pipes, private drains and sewers, water closets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require changes in, or the total discontinuance of, any of such contrivances or structures already in existence, or that may be hereafter allowed. When any system of sewerage or drainage shall be constructed by the said mayor and council, assessments may be made, and execution may issue for the expense thereof under the same rules and governed by the same provisions as assessments and executions for other public improvements under this charter, and said assessments shall be a lien on the property so assessed as provided in this Act. Sewerage.

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Sec. 53. Be it further enacted, That in case a sewer or sewers, or part of same shall be located through private property and owner of same refuses to grant right-of-way for the purpose, and such owner and the authorities of said city cannot agree upon the damage to be paid for such assessment, then assessors shall be appointed to assess the damage of said property by reason of, or on account of the construction and maintenance of any such sewer through or upon the same; said assessors to be appointed, notice given, and their award made, as in case of property taken for opening, straightening or widening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award, the work may proceed notwithstanding the entering of any appeal. Private property for sewerage. Sec. 54. Be it further enacted, That said mayor and council shall have entire control of said sewers, and generally of all matters in connection therewith; they shall control connections with said sewers and may compel connections therewith when in their judgment the good of the city demands it; they may cause said connections to be made when the owners fail or refuse, and issue executions for the amount so expended, which execution shall be special liens on the property connected with said sewerage systems from the date of the order of connections. Sewerage system. Sec. 55. Be it further enacted, That the mayor and council may provide by ordinance for the execution of the provisions of these Sections regarding sewers, drainage and sanitation, except as to the taking of private property for the construction of sewers by such boards, committees or officers, as they deem best. Ordinances for sanitation.

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Sec. 56. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said city the mayor and council are empowered to extend their systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems and the taking of property thereafter shall apply to the territory of said city as may be necessary for the construction of said systems. Sewerage and drainage beyond corporate limits. Sec. 57. Be it further enacted by the authority aforesaid, That the mayor and city council shall have full power and authority to care for and make any and all necessary repairs to the cemetery of said city, to increase, enlarge the the same, and to buy and purchase and improve new cemeteries, as they may in their discretion see fit and proper. They shall have the power to regulate and provide for the burial of the dead therein, and may sell and grant by deed, to persons who may wish to purchase any vacant or unoccupied lot or lots in said cemetery for burial purposes. This provision shall apply to the old as well as any new cemetery or cemeteries, that council shall have charge of or that they may establish. They shall have full power and authority to employ a manager, sexton and any other employee for the same, and for whatever else they may deem best to preserve, protect, and beautify said burial places. Cemeteries. Sec. 58. Be it further enacted by the authority aforesaid, That said mayor and city council shall have full power and authority to establish such a system of quarantine and to make such sanitary regulations within the limits of said city, as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious diseases within said city; and anywhere within these limits may establish, locate and change at pleasure

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either permanent or temporary quarantine grounds or pest houses, and may condemn and take lands and buildings and personal property in said limits for quarantine purposes, or quarantine grounds, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in Section thirty-one of this Act for condemning lands for streets, etc., and all the provisions of that Section for that purpose shall apply and be a provision for this purpose from the selection of arbitrators to the trial of appeal, and they may by ordinance or resolution put any part or the whole of said area under quarantine, and may arrest, detain, quarantine and if need be confine any person from, or suspected to be from, place or places suspected to be infected and confine any such person or persons from day to day as they by ordinance, shall see fit to declare and prescribe; they shall have authority to stop, delay, board and search all trains, cars and vehicles or conveyances of every sort, public or private, entering said limits, whenever in their judgment it may seem best and necessary and may absolutely prohibit any such train or vehicle from entering said limits or persons coming within same, or any such from leaving of the same. But such rigid quarantine shall not be laid and established except by the consent of the mayor and city council, and the board of health of said city, if there be such a board, but if there be no such board, then the city council, shall have full power to establish such a quarantine by and with the advice of the health officers of said city. No State Board of Health that now is or that shall hereafter be established, shall ever have to molest, lessen or otherwise interfere with said authorities in the matter of quarantine in said limits, saving only to see to it that they maintain in said area a quarantine not less strict than such State Board

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of Health may think best, and said city council shall have full authority to punish any violations of the quarantine rules and regulations of said city, committed anywhere within said area; and said mayor and city council may, by resolution, adopt any regulation recommended by the city physician, health officer, board of health, and upon the same being published or posted one time in such manner as they prescribe, and within twelve hours after its posting or publication become a binding ordinance upon all persons within said city. Quarantine. Sec. 59. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1911.

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PART IV.RESOLUTIONS.

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RESOLUTIONS. Appropriation for deficiency in printing fund for 1911. Appropriation for Tenth District Agricultural and Industrial School. Appropriation to pay pensions due for 1911. Appropriation to pay pension of Wm. T. Wood for 1907-8-9-10. Appropriation to pay expenses of commission on sale of mansion. Appropriation to pay per diem and mileage of Hon. H. C. Smith. Appropriation to install an electric elevator in capitol. Appointing committee to investigate Department of Agriculture. To employ expert accountant for Committee on Department of Agriculture. Committee to revise and codify banking laws of State. Committee to revise insurance laws of State. Committee on uniform legislation for counties and municipalities. Committee on University and its Brachesvisitations. Committee on penitentiary, inspections by. Committee on Academy for the Blindvisitation. Commissioners to San Francisco Exposition in 1915. Committee to procure an oil painting of the late Senator Clay. Commission to revise judicial system of the State. Requesting Superior Court Judges to report on criminal laws. Authorizing sale of public lands located in Sumter County. Relative to treaty with Russia. Relative to a general rural parcels post law. Relative to International Peace measures. Relative to tare on bales of cotton. Relative to Convention of American Poultry Association for 1912. Unfinished business of Legislature, statement of. Unfinished business of Legislature carried over to 1912. Relative to completion of business of Legislature. APPROPRIATION FOR DEFICIENCY IN PRINTING FUND FOR 1911. No. 18. A RESOLUTION. To make appropriation to meet the deficiency in the printing fund of 1911, and to make the same immediately available.

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Be it resolved by the General Assembly of the State of Georgia, That the sum of fifteen thousand ($15,000) dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated out of any money in the Treasury not otherwise appropriated, to pay for the public printing done and to be done during the balance of the present year; and the bills for the same may be paid whenever they are duly audited and approved by the Public Printing Commission and by the Comptroller-General. And the Governor is hereby authorized to draw his warrants upon the Treasury to pay the same, when so presented and approved. Appropriation; printing fund for 1911. Approved August 23, 1911. APPROPRIATION FOR TENTH DISTRICT AGRICULTURAL AND INDUSTRIAL SCHOOL. No. 20. A RESOLUTION. To provide funds to assist in rebuilding the academic building of the Tenth District Agricultural and Industrial School. Whereas, The academic building of the Tenth District Agricultural and Industrial School, which cost approximately eighteen thousand ($18,000) dollars was recent destroyed by fire, and Appropriation; Tenth District Agricultural and Industrial School. Whereas, From the meagre and insufficient income of said school, the trustees could only provide for insurance on said building to the amount of seven thousand dollars, which insurance has been fully paid, and

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Whereas, It has heretofore for many years past, been the policy of the State to insure all the buildings of all State institutions to an amount equal to forty per cent. of the cost thereof, which custom was not pursued in regard to these buildings and no insurance was carried by the State thereon, and Whereas, It will cost to reconstruct said building, as now contracted for, the sum of eighteen thousand dollars, and there are now no other funds available for this purpose except the seven thousand dollars of insurance carried by the trustees and now in their hands, Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of seven thousand dollars be, and the same is, hereby appropriated for the purpose aforesaid, to be paid from any fund in the Treasury not otherwise appropriated. Approved August 23, 1911. APPROPRIATION TO PAY PENSIONS DUE FOR 1911. No. 17. A RESOLUTION. Whereas, The Commissioner of Pensions has since paying off the pension roll of 1911, approved from those applications filed in the office prior to the 15th of November, 1910, that have been amended to the number of 660, that of right should be paid their pension for 1911.

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Be it resolved by the House of Representatives, the Senate concurring, That the sum of forty thousand dollars ($40,000) or so much thereof as may be necessary to pay those pensioners their pensions for 1911, whose applications were filed with Commissioner of Pensions prior to November 15th, 1910, which have been amended and passed on and approved by the Commissioner to the number of 660, said sum shall be available immediately after the passage of this resolution. Appropriation: Pensions for 1911. Approved August 23, 1911. APPROPRIATION TO PAY PENSION OF Wm. T. WOOD FOR 1907-8-9 AND 10. No. 6. A RESOLUTION. Whereas, William T. Wood, an ex-Confederate soldier, was on the pension roll of the State of Georgia up until the year 1906, and was drawing a pension of sixty dollars a year, and Whereas, In the year 1906 the said William T. Wood became insane and on account of said insanity failed to receive his pension for the years 1907-8-9-10, and died on November 1st, 1910, without receiving his pension for either of said years, and without leaving means with which to pay his funeral expenses, which are still unpaid, and Appropriation; pension of Wm. T. Wood. Whereas, At the time he became insane, he had dependent upon him several female children and one minor

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child, and, at the time of his death, left dependent upon him three female children, to-wit: Lola, Alice, and Sabrie Wood, and, Whereas, The Grand Jury of Whitfield county at the April, 1911, session thereof, vouches in its presentments for the foregoing facts and recommends the passage of this resolution; therefore Be it resolved, That the sum of two hundred and forty dollars be, and the same is, hereby appropriated to pay the pension of William T. Wood for the years aforesaid, to his said dependent children, and the Governor is authorized to draw his warrant on the Treasury in favor of Lola, Alice, and Sabrie Wood for said amount, to be paid out of any funds in the Treasury. Approved August 19, 1911. APPROPRIATION TO PAY EXPENSES OF COMMISSION ON SALE OF MANSION. No. 19. A RESOLUTION. Resolved by the House, the Senate concurring, That the sum of two hundred and forty dollars be and is hereby appropriated for the purpose of paying the expenses incurred by the commission appointed by the authority of the last General Assembly to receive bids for the property of the State, known as the Executive Mansion and grounds, and for other purposes, and the Governor shall draw his

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warrant for said sum in favor of the Speaker of the House, who shall disburse the same among the persons entitled thereto. Appropriation; expenses of Legislative commission. Approved August 19, 1911. APPROPRIATION TO PAY PER DIEM AND MILEAGE OF HON. H. C. SMITH. No. 11. A RESOLUTION. To appropriate the sum of two hundred and seventeen dollars and twenty cents, the balance of mileage and per diem due H. C. Smith, a Representative in the present House of Representatives, who departed this life during the present session, to his widow, Mrs. P. A. Smith. Appropriation; per diem and mileage of Hon. H. C. Smith. Be it resolved by the House of Representatives, the Senate concurring, That the sum of two hundred and seventeen dollars and twenty cents, being the balance of per diem and mileage due H. C. Smith, late member of the present House of Representatives, who departed this life on the 8th day of August, 1911, be appropriated to his widow, Mrs. P. A. Smith. The Governor be and he is hereby directed to draw his warrant for said sum of money in favor of said Mrs. P. A. Smith. Approved August 19, 1911.

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APPROPRIATION TO INSTALL AN ELECTRIC ELEVATOR IN CAPITOL. No. 9. A RESOLUTION. Resolved by the House, the Senate concurring, That the Governor be, and he is hereby directed to purchase and have installed in the State Capitol a modern electric elevator to supplant the present old elevator, and that same be operated at all times when the Capitol is open. Appropriation; elevator for Capitol. Be it further resolved, That the sum of thirty-five hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of this resolution. Approved August 19, 1911. APPOINTING COMMITTEE TO INVESTIGATE DEPARTMENT OF AGRICULTURE. No. 2. A RESOLUTION. Whereas, There is a wide-spread impression throughout the State that there is urgent necessity for some radical changes in the laws creating and regulating the State Department of Agriculture, and Whereas, The Commissioner of Agriculture has invited full and complete investigation and recommended amendment to the laws controlling the Department of Agriculture

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Be it therefore resolved by the House of Representatives, the Senate concurring: 1. That a joint committee of five from the House of Representatives and three from the Senate, a majority of whom shall be practical farmers, be appointed by the respective presiding officers of the House and Senate to inquire into the advisability of making such changes in the laws regulating the administration of the Agricultural Department as will transfer to the State College of Agriculture such of its duties as may be made of educative value to the students of that institution and as can be performed at that institution as well or better than elsewhere, and also any other changes that may be deemed best. Committee to investigate Department of Agriculture. 2. That this joint committee be also empowered and directed to make through inquiry into all the details and workings of said State Agricultural Department as now organized, ascertain the amount of its revenues and the source from which they come and how expended; report the total number of employees of all kinds who are under the control and direction of the Commissioner of Agriculture, their names and addresses, the position they hold, the fees or salaries they receive and the duties they perform. 3. That this joint committee have full power to send for persons and papers and to compel the attendance of witnesses, and shall have and exercise all powers necessary to the proper and thorough performance of the duties above mentioned and for the purpose of making a full investigation of the department as now operated, with a view of recommending such changes in the laws governing this department as the committee may deem best after due consideration.

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4. The whole purpose and intent of this investigation being to bring about such improvements in the methods of administration as will reduce the cost and increase the usefulness and efficiency of this important branch of our State Government and to give the people and the General Assembly a better knowledge of what is being done and at what cost, the joint committee is directed and required to perform its duties and make report of its findings and recommendations to the General Assembly at the earliest possible date, not later than the first day of the next session of the General Assembly, in order that it may be made the basis for any legislation that may be deemed necessary. Resolved further, That if said committee finds it impracticable to make this investigation while the General Assembly is in session, it may sit during vacation not more than ten days, and the members shall each receive four dollars per diem and actual necessary expenses to be paid on an itemized statement accompanied by proper vouchers; such expenses to include the hire of a clerk or stenographer in case clerical help should be required. Resolved further, That said committee is hereby authorized and directed to have their report, setting forth the proceedings of the committee, the facts ascertained, and their findings and recommendations in regard thereto, printed in pamphlet form for the information of the General Assembly and that the necessary and actual expenses of compiling and printing this report be paid on an itemized statement accompanied by proper vouchers. Approved July 25, 1911.

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TO EMPLOY EXPERT ACCOUNTANT FOR COMMITTEE ON DEPARTMENT OF AGRICULTURE. No. 8. A RESOLUTION. Whereas, The joint committee appointed and acting by virtue of House Resolution No. 11, providing for an investigation of the Agricultural Department, unanimously request that said committee be authorized, if it shall be deemed necessary, to employ an expert accountant to assist the committee in making this investigation, it is Expert accountant for Legislative committee. Therefore resolved by the House of Representatives, the Senate concurring, That said joint committee heretofore created and appointed under House Resolution No. 11, be authorized, if in the judgment of said committee it shall be deemed best to employ an expert accountant to assist said committee in making a proper investigation of said department, and the expenses so incurred shall be paid as other necessary expenses of this investigation upon the proper vouchers, approved by the committee through the chairman of said committee. Approved August 19, 1911. COMMITTEE TO REVISE AND CODIFY BANKING LAWS OF STATE. No. 13. A RESOLUTION. Whereas, The present laws applicable to the operation of banking institutions in the State of Georgia, are inadequate

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to the needs of the present progressive conditions of the people, and Whereas, The time of the Legislature is too well occupied during the sessions to give sufficient time and consideration to the preparation and revision of said banking laws, Banking laws of State. Therefore be it resolved by the House of Representatives, the Senate concurring, That there be appointed a committee of five from the House and three from the Senate. Said committee is authorized to meet in Atlanta during vacation for a term not exceeding ten days and revise, codify and prepare suitable banking laws governing the banking institutions of said State, and to provide the means of carrying same into execution and submit the same back for the consideration of the session of the General Assembly in 1912. Be it further resolved, That each member of said committee shall be paid the sum of four dollars per day for the time actually engaged in said work and their actual expenses in going to and returning from Atlanta. Approved August 19, 1911. COMMITTEE TO REVISE INSURANCE LAWS OF THE STATE. No. 7. A RESOLUTION. Whereas, Under the existing insurance laws of Georgia, certain abuses are being practiced and frauds are being

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perpetrated upon the people of the State, under the guise of insurance, and Insurance laws of State. Whereas, It has become necessary that appropriate legislation be enacted to correct such abuses, and remedy such evils, and Whereas, His Excellency, the Governor, Hoke Smith, has recognized the necessity of such legislation and has so recommended in his message to the General Assembly, Therefore be it resolved by the House of Representatives, the Senate concurring, That a joint committee be appointed consisting of five from the House and three from the Senate, appointed by the Speaker of the House and President of the Senate respectively. The duty of this committee shall be to investigate the present insurance laws of Georgia, together with those of other States, and to report to the next session of this General Assembly their findings together with any legislation they may propose for the improvement of the present laws. That said committee shall be reimbursed the actual expenses incurred by them in making this investigation. Approved August 19, 1911. COMMITTEE ON UNIFORM LEGISLATION FOR COUNTIES AND MUNICIPALITIES. No. 27. A RESOLUTION. Resolved by the Senate and House of Representatives of Georgia, That a joint committee of two from the Senate

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and three from the House be appointed by the President of the Senate and the Speaker of the House respectively, who shall, during the recess of the General Assembly, consider fully the questions of the enactment and amendment of municipal charters and county governments and the several local questions, touching the issuance of bonds, establishment of school systems and other similar matters and report in writing to the next session as to the best feasible plan for dealing with such matters by general laws. Said committee shall, if deemed wise by them, report such bills as in their judgment will shorten and simplify the procedure now necessary in these matters, and if possible, reduce the several plans to a condition of uniformity. Uniform legislation for counties and municipalities. Approved August 21, 1911. COMMITTEE ON UNIVERSITY AND ITS BRANCHESVISITATION. No. 4. A RESOLUTION. Whereas, The University if Georgia and all its branches will be in vacation during the entire session of the General Assembly, therefore be it Resolved by the House, the Senate concurring, That the committee of the House and Senate on the University and its branches be, and they are hereby, authorized to visit said institutions during the interim of the regular sessions of this body. Committee on University.

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Resolved further, That all members of said committee visiting said institutions be paid for their actual expenses, and their per diem for six days, or for the number of days engaged in said work, not exceeding in all six days. Note.This resolution became effective by operation of law without approval by the Governor. COMMITTEE ON PENITENTIARY, INSPECTIONS BY. No. 181. A RESOLUTION. To provide for visiting convict camps after the adjournment of the General Assembly. Whereas, It is not possible to visit, thoroughly inspect and examine the various convict camps of this State during the session of the General Assembly, and Whereas, The penitentiary Act of 1908 made radical changes in the management of the convicts, and Whereas, It is essential to both the State and the county authorities that such visits, thorough inspection and examination be made, therefore be it Resolved by the House, the Senate concurring, That the chairman of the House and Senate Penitentiary Committees appoint each from his respective committees, sub-committees, which said committees shall during vacation, visit,

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thoroughly inspect and examine all the convict camps in this State, which have not been visited, inspected and examined during the session of the General Assembly. Committee on Penitentiary. Resolved further, That the chairmen of the House and Senate Penitentiary Committees respectively shall designate the camps to be visited by each sub-committee, and that a joint inspection by the House and Senate Committee is hereby authorized. Resolved further, That the reports of the sub-committees shall be compiled by the chairmen of the Senate and House Committees and made to the next session of the General Assembly. Resolved further, That the members of said sub-committees receive the same per diem as that received when in attendance upon the General Assembly, to-wit: four dollars per day and in addition their actual necessary expenses; provided , that the time for said inspection shall be limited to ten days only for said work. Approved August 18, 1911. COMMITTEE ON ACADEMY FOR THE BLINDVISITATION. No. 25. A RESOLUTION. Whereas, The Academy of the Blind is not, nor will be in session during the session of the General Assembly, and Committee on Academy for the Blind. Whereas, It is the desire of the officers and faculty of said institution, that the standing committee of the Senate

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and House of Representatives visit the Academy while it is in session, Be it therefore resolved by the Senate, the House concurring, That the standing committee on Academy of the Blind of both Senate and House of Representatives be permitted to visit the Academy during the recess of the Legislature. Resolved further, That each committeeman be allowed his per diem as member of Legislature and actual expenses incurred in the performance of his committee duties. Approved August 21, 1911. COMMISSIONERS TO SAN FRANCISCO EXPOSITION IN 1915. No. 23. A RESOLUTION. Be it resolved by the Senate, the House of Representatives concurring, That from and after the passage of this resolution, the Governor of this State shall appoint one citizen from the State at large, who, with the Commissioner of Agriculture and the State Geologist, shall constitute a board of commissioners for the Exposition to be held in San Francisco in 1915. San Francisco Exposition. Be it further resolved, That it shall be the duty of said board to meet at as early a day as practicable after their appointment, and it shall be their duty to take proper steps

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to see that the State of Georgia is properly represented at said exposition, and to that end, they are hereby authorized to devise any legal means to see that the agricultural products and the other resources of Georgia are represented at said exposition, and they are authorized to use the State museum as an exhibit at said exposition, and raise funds by contribution to make a creditable display, and they are authorized to take proper steps to have a State building erected on the exposition grounds; provided , they can raise sufficient funds for that purpose. Be it further resolved, That at the same time when said board is appointed, the Governor shall appoint two citizens from each Congressional District, who shall co-operate with said board in securing exhibits from their respective districts, to the end that the resources and products of every part of the State shall be adequately represented. Be it further resolved, That the board of commissioners shall report to the next General Assembly what progress they have made in securing such an exhibit, and what steps have been taken for the erection of a State building, together with such other information as they may have, and such recommendations as they may see proper to make for the purpose of carrying out the objects of this resolution. Approved August 19, 1911.

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COMMITTEE TO PROCURE AN OIL PAINTING OF THE LATE SENATOR CLAY. No. 21. A RESOLUTION. To appoint a committee to procure an oil painting of the late Senator Alexander Stephens Clay, and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia, and it is hereby resolved by authority of the same, That a committee of two from the Senate and three from the House be appointed to procure an oil painting of the late Senator Alexander Stephens Clay, to be placed by them in the capitol of this State, as a memento of his distinguished services in the halls of national council. Oil painting of Senator Clay. Approved August 19, 1911. COMMISSION TO REVISE THE JUDICIAL SYSTEM OF THE STATE. No. 5. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That a commission is hereby raised, consisting of five members of the House and three members of the Senate, which shall investigate the judicial system of Georgia, and report to the next session of the Legislature its

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findings, and recommendations together with any bills carrying out the recommendations of the commission. Commission on the judicial system of the State. The commission is authorized to sit in vacation at such places as it sees fit; and the members shall receive their actual expenses in performing the duties herein imposed. Approved August 19, 1911. REQUESTING SUPERIOR COURT JUDGES TO REPORT ON CRIMINAL LAWS. No. 12. A RESOLUTION. Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, That each of the Superior Court Judges of this State is requested to report to the Governor in writing, by January 1st, 1912, such defects, omissions, or imperfections in the penal laws of this State, as his experience may suggest, accompanying same with any recommendation he may have for the improvement of said laws, and that the Governor lay such reports, either in full or by synopsis, before the next session of the General Assembly, with any recommendation that may occur to him in the premises. Judges of Superior Court to report concerning criminal laws of State. Approved August 19, 1911.

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AUTHORIZING SALE OF PUBLIC LANDS, LOCATED IN SUMTER COUNTY. No. 28. A RESOLUTION. To authorize the sale and transfer of one hundred acres of land situated in Sumter county, Georgia, and now owned and possessed by the State of Georgia for the benefit of the Third District Agricultural and Mechanical School, at Americus, Georgia, and to provide for the disposition of the proceeds of sale, etc. Sale of public lands in Sumter county. Whereas, The State of Georgia is now seized and possessed of title to a certain one hundred acres of land lying and being situate in the 27th land district of Sumter county, Georgia, known as originally the Bohnsen tract, which was purchased and is held for the benefit of the Third District Agricultural and Mechanical School, at Americus, Georgia, and Whereas, Said one hundred acres of land is that much in excess of the requirements of law as to the aggregate number of acres to be held for the benefit of such schools; and Whereas, The Board of Trustees charged with the duty of administering the affairs of said Third District Agricultural and Mechanical School, having heretofore deemed said one hundred acres in excess of the requirements for and use and occupation of the school and the pupils thereof, and being desirous of utilizing said land to the best possible advantage, did, by resolution of said board, make and execute to the Sumter Country Club a lease of said one hundred

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acres of land for a rental consideration of two hundred and fifty dollars per annum, stipulating at the same time in said lease, that said Country Club, should it so desire, might purchase said land for the sum of four thousand dollars cash; and Whereas, It is apparent that said school can use the proceeds of said sale to much greater advantage than it could otherwise utilize, Therefore, be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same, That the State of Georgia does hereby bargain and sell unto the highest bidder after the same has been advertised in terms of the law by the said Board of Trustees of the Third District Agricultural and Mechanical School, no bids less than $4,500.00 to be considered, said one hundred acres of land as aforementioned, and that Honorable Walter E. Steed, the President of the Board of Trustees of said Third District Agricultural and Mechanical School, be, and he is, hereby authorized and directed to make and execute to said Sumter County Country Club deed conveying fee simple title to said one hundred acres of land, to be as minutely described in said deed as needs be, and thereupon and contemporaneously therewith, to receive from said Country Club said purchase price, to-wit: four thousand five hundred dollars in cash. Said deed of conveyance so executed and signed, being sufficient, without more, to fully invest said Country Club, its successors and assigns, with the fee simple title to said land. Be it further resolved, That the proceeds of said sale shall be received and used by said Board of Trustees for the benefit, uses and purposes of said Third District Agricultural

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and Mechanical School, at Americus, Georgia, as aforesaid. Approved August 23, 1911. RELATIVE TO TREATY WITH RUSSIA. No. 22. A RESOLUTION. Whereas, It is and always has been a fundamental principal of our Government that the rights of its citizens shall not be impaired at home or abroad because of religious beliefs, and Relative to treaty with Russia. Whereas, Our Government concludes its treaties for the equal protection of all classes of its citizens without regard to their religious belief, and Whereas, Our Government on the 18th day of December, 1832, at St. Petersburg, concluded a treaty with Russia, in which it was provided that the inhabitants of our respective States shall be at liberty to sojourn and reside in all parts whatsoever of said territories in order to attend to their affairs, and they shall enjoy to that effect the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning commerce, and Whereas, The Government of Russia has violated the aforesaid mentioned treaty by construing the foregoing provision

Page 1693

to mean that American citizens of Jewish faith are subject in Russia to the same class restrictions that Russia imposes upon Russian inhabitants of Jewish faith by declining to permit American citizens of Jewish faith to attend to their affairs and to enjoy to that extent the same security and protection as non-Jewish native Russians, and by refusing to honor American pass-ports issued to American citizens of Jewish faith, and Whereas, Honorable Henry M. Goldfogle, Hon. William Sulzer, and Hon. Francis Burton Harrison have each introduced in the House of Representatives of the United States a joint resolution, calling for the abrogation of the aforementioned treaty between the United States of America and Russia because of the foregoing, Therefore be it resolved by Senate of Georgia, the House of Representatives concurring, That our Representatives in Congress be, and they are, hereby urged to vote in favor of a joint resolution to terminate the aforesaid mentioned treaty between the United States of America and Russia, because of unjust and unwarranted discrimination by the latter country against persons of the Jewish faith, or that Russia be required to cease its said unjust treatment, and Be it further resolved, That the President of the Senate and the Speaker of the House have transmitted a copy of this resolution to the Senate and House of Representatives of the United States. Approved August 21, 1911.

Page 1694

RELATIVE TO A GENERAL RURAL PARCELS POST LAW. No. 15. A RESOLUTION. Whereas, There is a great and growing demand throughout the whole country for a General Rural Parcels Post Law, and Relative to a General Rural Parcels Post Law. Whereas, The farmers all over the United States have urged the passage of such a law as a great public convenience and necessity. Therefore be it resolved by this House, the Senate concurring, That Congress is hereby memorialized and urged to enact, without further delay, a General Rural Parcels Post Law, and thus give expression and effect to the wishes of the people, and the Senators and Representatives in Congress from Georgia are requested to lend their advice and assistance to the passage of this measure. Approved August 19, 1911. RELATIVE TO INTERNATIONAL PEACE MEASURES. No. 1. A RESOLUTION. Whereas, Our National Government in conjunction with other highly civilized and progressive nations, is agitating a movement looking to world-wide peace, Relative to International peace measures.

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Therefore be it resolved by the Senate, the House concurring, That we heartily endorse the effort being made to secure international peace measures, eventually tending to the establishment of permanent and universal peace. Resolved further, That a copy of this resolution be transmitted to the President and Congress of the United States. Approved July 15, 1911. RELATIVE TO TARE ON BALES OF COTTON. No. 3. A RESOLUTION. Whereas, Tare in commerce is the weight of the cask, box, bag, canvas or bands containing and keeping in good condition articles of merchandise is deducted from the gross weight and recognized as legal and binding on the trade, Relative to tare on bales of cotton. Whereas, The uniform tare of six per cent. on cotton baled for the market was adopted by foreign exchanges when the average weight of the American cotton bale was 425 pounds and when the bagging and cordage weighed about 27 pounds and from that time to the present has been deducted from the price of our cotton by both American and European manufacturers, Whereas, Since the adoption of this tare the American cotton bale has increased in weight to 506 pounds, the weight of bagging and bands have been decreased fully 25 percent., yet the shippers and manufacturers of cotton have in recent years assumed the authority to dock every bale

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of our cotton that is contained and protected by a covering and bands if these should exceed 4 per cent., thereby robbing the cotton producers of Georgia of 20,000,000 pounds of the fleecy staple and other sections in proportion, Therefore be it resolved by the House of Representatives, Senate concurring, That this is a gross injustice to those citizens of our country who are annually creating the large balance of trade in favor of the United States, and it is a wrong that can not be maintained upon any fair business principle or legal right. Be it resolved, That the Agricultural Committee of House and Senate be and hereby instructed to make an earnest appeal to the Congress of the United States, the President, the Department of Commerce and the Secretary of Agriculture to give to this subject that prompt consideration which its importance demands, and put forth such efforts as may be necessary to bring about this important reform in our cotton trade. Be it further resolved, That the Commissioner of Agriculture of Georgia be requested to co-operate with said Agricultural Committee, and that an effort be made to secure the co-operation of the Association of American Cotton Manufacturers and domestic exchanges to the end that this matter be satisfactorily and promptly adjusted and trust that the effort will not be made the coming season to rob the cotton producers of America of $15,000,000 out of the growing crop of 1911, and that in future the farmers of Georgia and the South will be able to secure justice on this question. Approved July 28, 1911.

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RELATIVE TO CONVENTION OF AMERICAN POULTRY ASSOCIATION FOR 1912. No. 24. A RESOLUTION. Whereas, There is a possibility of securing for Atlanta the 37th annual convention of the American Poultry Association for the year 1912, and Relative to Convention of American Poultry Association. Whereas, To secure this convention representing the poultry interests of America in its highest and most intelligent form would mean much to our great State, therefore Be it resolved by the Senate, the House concurring, That an urgent invitation be extended to the American Poultry Association to hold its next annual convention in the city of Atlanta, and that a copy of this resolution be forwarded to said Association by the Secretary of the Senate. Approved August 21, 1911. UNFINISHED BUSINESS OF LEGISLATURE. No. 10. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be, and they are hereby, authorized to remain at the Capitol

Page 1698

five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Officers of Senate and House to complete business. Resolved, That the chairmen, respectively, of the enrollment and auditing committees of the House and Senate, together with the members of the Senate Enrollment Committee, and ten members of the House Enrollment Committee to be designated by the chairmen thereof, and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairmen thereof, be, and they are, hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the postmistress of the House be, and she is hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purpose of distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two porters of the House and one porter of the Senate be, and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Approved August 19, 1911.

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UNFINISHED BUSINESS OF LEGISLATURE, STATEMENT OF. No. 16. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, That John T. Boifeuillet, Clerk of the House, and C. S. Northen, Secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of this session at the time of adjournment, and the status of each pending bill and resolution. Unfinished business of Legislature. Approved August 19, 1911. UNFINISHED BUSINESS OF LEGISLATURE CARRIED OVER TO 1912. No. 14. A RESOLUTION. Resolved by the House, the Senate concurring, That all bills, resolutions, etc., on the calendar and undisposed of at the adjournment of the present session of the General Assembly, go over until the next regular session to convene in 1912 as unfinished business of the present session. Unfinished business of Legislature. Approved August 19, 1911.

Page 1701

INDEX. A ABBEVILLE, CITY COURT OF Act creating amended 206 ABERDEEN, TOWN OF Incorporated 523 ACADEMY FOR THE BLIND Committee to visit 1685 ADEL, TOWN OF Charter amended 526 AGRICULTURAL DEPARTMENT Appropriation for 41 AGRICULTURAL, INDUSTRIAL AND NORMAL COLLEGE Appropriation for 36 AGRICULTURAL District Schools 160 ALAMO, TOWN OF Charter amended 529 ALBANY, CITY OF Disposition of certain streets 530 ALDORA, TOWN OF Charter amended 532 ALPHARETTA State Depository in 57 ALVATON, TOWN OF Incorporated 533 AMENDMENTS TO THE CONSTITUTION System of common schools 46 Authority to borrow money for the State 49 Tax returns to Comptroller-General 51

Page 1702

AMERICAN POULTRY ASSOCIATION Convention of 1697 AMERICUS Charter amended 549 APPROPRIATIONS For support of Government 1912-1913 7 For deficiencies in certain funds 32 For State Normal School 34 For Georgia Normal and Industrial College 35 For Agricultural, Industrial and Normal College 36 For Confederate Soldiers' Home 37 For Expenses of committee on convict system 39 For Agricultural Department 41 For Board of Entomology 43 For deficiency in printing fund for 1911 1671 For Tenth District Agricultural and Industrial School 1672 For pensions due in 1911 1673 For pension of William T. Wood 1674 For expenses of Commission on sale of Mansion 1675 For per diem and mileage of Hon. H. C. Smith 1676 For electric elevator in Capitol 1677 ARLINGTON Charter amended 551 ATHENS Charter amended 554 ATLANTA New charter for 556 ATLANTA State depositories in 58 AUGUSTA Charter amended 641

Page 1703

ASHBURN, CITY COURT OF Act creating amended 207 ASSAULTED FEMALE Publication of name of prohibited 179 B BAGGING AND TIES Deduction for from price of cotton 182 BAILIFFS OF SUPERIOR COURTS Compensation of 67 BAINBRIDGE, CITY COURT OF Act creating amended 208 BALL GROUND New charter for 650 BALL GROUND School district of incorporated 693 BANK EXAMINER (STATE) Stenographer's salary 198 BANKING LAWS Committee to revise and codify 1680 BAXLEY, CITY COURT OF Act creating amended 209 BAXLEY New charter for 700 BENEVOLENCE Incorporated 728 BERRIEN COUNTY Board of Commissioners Act creating amended 288 BERRIEN COUNTY Sale of near beer prohibited 287

Page 1704

BILLS OF EXCEPTIONS Service of and parties to 149 BLACKSHEAR, CITY COURT OF Established 210 BLACKSHEAR Incorporated 734 BLAKELY, CITY COURT OF Act creating amended 229 BLUE RIDGE New charter for 782 BOGART Incorporated 788 BOSTON Election of clerk and treasurer 794 BOSTWICK Charter repealed 795 BOSTWICK Incorporated 796 BOWERSVILLE Public school system established 840 BREMEN Charter amended 850 BROWNWOOD Charter amended 851 BROOKLETT Charter amended 853 BROOKS COUNTY Commissioner Districts laid out 389 BRUNSWICK Charter amended 856

Page 1705

BRUNSWICK Charter amended 862 BRUNSWICK Charter amended 867 BRUNSWICK CIRCUIT Terms of courts 79 BRYAN COUNTY, COUNTY COURT OF Abolished 377 BUFORD, CITY COURT OF Act creating amended 230 BUFORD Public school system established 869 BULLOCHVILLE Charter amended 877 BURKE COUNTY Board of Commissioners created 390 BYROMVILLE Charter amended 879 C CAIRO Charter amended 881 CALHOUN COUNTY Board of Commissioners, Act creating amended 398 CANDLER Charter amended 915 CANON Incorporated 898 CANON Public school system established 894

Page 1706

CAPITOL Electric elevator for 1677 CARLTON School trustees, election of 917 CARTERSVILLE New charter for 919 CASUALTY INSURANCE Regulated 174 CEMETERIES, RURAL Establishment of 200 CERTIORARI In criminal cases 149 CHARLTON COUNTY, COUNTY COURT OF Abolished 380 CITY AND COUNTY COURTS Abbeville, City Court of, Act creating amended 206 Ashburn, City Court of, Act creating amended 207 Bainbridge, City Court of, Act creating amended 208 Baxley, City Court of, Act creating amended 209 Blackshear, City Court of, established 210 Blakely, City Court of, Act creating amended 229 Buford, City Court of, Act creating amended 230 Clarke county, City Court of, Act creating amended 235 Columbus, City Court of, election of Judge and Solicitor, etc. 238 Cordele, City Court of, election to abolish 240 Covington, City Court of, abolished 243 Dawson, City Court of, Act creating amended 246 Ellaville, City Court of, Act creating amended 247 Franklin, City Court of, abolished 249 Hall county, City Court of, Act creating amended 251

Page 1707

Hartwell, City Court of, abolished 253 Hazlehurst, City Court of, abolished 254 Jackson, City Court of, established 257 Leesburg, City Court of, Act creating amended 275 Louisville, City Court of, established 277 McRae, City Court of, Act creating amended 293 Madison, City Court of, Act creating amended 296 Millen, City Court of, abolished 299 Millen, City Court of, established 301 Moultrie, City Court of, abolished 307 Nashville, City Court of, Act creating amended 310 Pembroke, City Court of, created 312 Quitman, City Court of, abolished 301 Quitman, City Court of, established 333 Richmond county, City Court of, Act creating amended 352 Springfield, City Court of, Act creating amended 352 Statesboro, City Court of, Act creating amended 353 Swainsboro, City Court of, Act creating amended 356 Swainsboro, City Court of, Act creating amended 357 Swainsboro, City Court of, Act creating amended 362 Swainsboro, City Court of, Act creating amended 366 Sylvester, City Court of, abolished 369 Waycross, City Court of, terms of 373 Washington, City Court of, abolished 371 Waycross, City Court of, Act creating amended 375 Waycross, City Court of, Act creating amended 373 Wrightsville, City Court of, abolished 376 Bryan County, County Court of, abolished 379 Charlton County, County Court of, abolished 380 Echols County, County Court of, election of Judge, etc. 381 Jefferson County, County Court of, abolished 383 Pierce County, County Court of, abolished 384 Wayne County, County Court law as to, amended 385

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CLARKE COUNTY, CITY COURT OF Act creating amended 235 CLAXTON New charter for 942 CLAY, HON. ALEXANDER STEPHENS Portrait of 1688 CLEVELAND Incorporated 962 CLIMAX Charter amended 971 COBB SUPERIOR COURT Terms of 83 CODE AMENDMENTS Code of 1910. Volume 1, Section 486, county sites, how changed 54 Volume 1, Section 696, public road fund, tax rate increased 56 Volume 1, Section 1249, Alpharetta, State Depository in 57 Volume 1, Section 1249, Atlanta, Fourth State Deposity in 58 Volume 1, Section 1249, Decatur, State Depository in 58 Volume 1, Section 1249, Eatonton, State Depository in 59 Volume 1, Section 1249, Fairburn, State Depository in 60 Volume 1, Section 1249, Lumpkin, State Depository in 61 Volume 1, Section 1249, Reynolds, State Depository in 62 Volume 1, Section 1249, Rockmart, State Depository in 62

Page 1709

Volume 1, Section 1249, Shellman, State Depository in 63 Volume 1, Section 1249, Uvalda, State Depository in 64 Volume 1, Section 3137, hours of labor in manufacturing establishments 65 Volume 1, Section 4770, Justices of Peace, jurisdiction in certain cases 66 Volume 1, Section 4996, Superior Court Bailiffs, compensation of 67 Volume 2, Section 379, wife competent to testify in certain cases 68 Volume 2, Section 414, refrigerator cars, transportation on Sunday 70 Volume 2, Section 824, eligibility of jurors who served at preceding term 72 Volume 2, Section 964, venue in criminal cases, how changed 74 Volume 2, Section 1482, pension office, salary of clerk 77 COLQUITT Charter amended 972 COLQUITT COUNTY Board of Commissioners created 399 COLQUITT COUNTY Commissioners authorized to issue bonds 405 COLQUITT COUNTY Transportation of logs regulated 409 COLUMBUS, CITY COURT OF Election of Judge and Solicitor, etc. 238 COMER Charter amended 973

Page 1710

COMMERCE Charter amended 975 COMMERCE LABOR Department of established 133 COMMERCIAL FERTILIZERS Sale of regulated 172 COMMISSIONERS To San Francisco Exposition 1686 To revise judicial system 1688 COMMITTEE (LEGISLATIVE) To investigate Department of Agriculture 1677 Expert accountant for committee 1680 To revise and codify banking laws 1680 To revise insurance laws 1681 On uniform legislation for counties and municipalities 1682 On University and its branches 1683 On Penitentiary, inspections by 1684 On Academy for the Blind 1685 To procure oil painting of the Hon. A. S. Clay 1688 COMMON SCHOOLS Uniform system 46 CONFEDERATE SOLDIERS' HOME Appropriation for 37 CONGRESSIONAL DISTRICTS Reapportioned 146 CONSTITUTION, AMENDMENTS TO System of common schools 46 Deficiencies in State Treasury 49 Tax returns to Comptroller 51 CONYERS Charter amended 977

Page 1711

CORDELE, CITY COURT OF Election to abolish 240 CORDELE New charter for 990 CORPORATION TAX Returns to Comptroller-General, when made 51 COVINGTON Charter amended 1043 COVINGTON, CITY COURT OF Abolished 243 COUNTY LINES BETWEEN CERTAIN COUNTIES Change of 183 COUNTY OFFICERS Salaries for in certain counties 186 COUNTY SCHOOL COMMISSIONERS Examination of applicants 94 COUNTY SITES How changed 54 COURT OF APPEALS Practice in 149 COURTS With jurisdiction to establish systems of drainage 108 COWETA COUNTY Board of Commissioners, Act creating amended 412 COWETA COUNTY Game law for 412 CRAWFORD SUPERIOR COURT Terms of 84 CRIMINAL LAWS Judges of Superior Courts to report concerning 1689

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CRISP SUPERIOR COURT Terms of 85 D DALLAS New charter for 1047 DALLAS Bonds for waterworks 1089 DALTON Charter amended 1092 DALTON Charter amended 1097 DAWSON, CITY COURT OF Act creating amended 246 DECATUR Charter amended 1101 DECATUR State depository in 58 DeKALB COUNTY Board of Commissioners, Act creating amended 414 DeKALB COUNTY Road bonds, etc. 415 DENTON Incorporated 1102 DEPARTMENT OF COMMERCE AND LABOR Established 133 DEPARTMENT OF GAME AND FISH Established 137 DOUGLAS Charter amended 1108

Page 1713

DOUGLAS COUNTY Game law for 417 DRAINAGE General provision for 108 DRUG INSPECTOR (CHIEF) Appointment, etc. 170 DUBLIN Charter amended 1112 DUBLIN CIRCUIT Terms of courts 81 DUPONT Charter amended 1115 DUPONT New charter for 1116 E EARLY COUNTY Game law for 417 EAST POINT Charter amended 1123 EATONTON State Depository in 59 ECHOLS COUNTY, COUNTY COURT OF Election of Judges, etc. 381 EFFINGHAM SUPERIOR COURT Terms of 86 ELBERTON School law amended 1134 ELECTIONS, SPECIAL Qualifications of voters 167

Page 1714

ELLAVILLE, CITY COURT OF Act creating amended 247 EMPIRE Incorporated 1146 ENTOMOLOGY, BOARD OF Appropriation for 43 EVIDENCES In cases for violating prohibition law 180 F FAIRBURN State Depository in 60 FAYETTEVILLE Charter amended 1171 FERTILIZERS (COMMERCIAL) Sale of regulated 172 FLOVILLA Charter amended 1213 FLOYD COUNTY Board of Commissioners, Act creating amended 418 FOLKSTON Incorporated 1215 FRANKLIN COUNTY Board of Commissioners abolished 423 Board of Commissioners created 424 FRANKLIN COUNTY Transferred to Northern Circuit 87 FRANKLIN, CITY COURT OF Abolished 249

Page 1715

G GAME AND FISH Department of established 137 GEORGIA NORMAL AND INDUSTRIAL COLLEGE Appropriation for 35 GLENNVILLE New charter for 1228 GRAY New charter for 1267 GREENVILLE Charter amended 1276 GUYTON Charter amended 1277 GUYTON Charter amended 1280 GWINNETT COUNTY Board of Commissioners abolished 432 Board of Commissioners created 437 GWINNETT COUNTY Road Commissioner, office of, created 434 H HALL COUNTY Board of Commissioners, Act creating amended 439 HALL COUNTY, CITY COURT OF Act creating amended 251 HALL COUNTY Game law of 447 HALL COUNTY Sale of near beer prohibited 445

Page 1716

HARALSON COUNTY Game law for 447 HARRISON Charter amended 1281 HARTWELL, CITY COURT OF Abolished 253 HAZLEHURST Charter amended 1284 HAZLEHURST, CITY COURT OF Abolished 254 HAZLEHURST Public school system amended 1286 HAZLEHURST Public school system amended 1286 HIRAM Charter amended 1287 HIRAM Charter amended 1289 HOMER School district incorporated 1291 HOURS OF LABOR In manufacturing establishments 65 HOUSE OF REPRESENTATIVES Reapportionment of members 148 HULL Charter amended 1298 I INMAN, TOWN OF Incorporated 1299

Page 1717

INSURANCE (CASUALTY) Regulated 174 INSURANCE LAWS Committee to revise 1681 INTERNATIONAL PEACE MEASURES Approved 1694 J JACKSON, CITY COURT OF Established 257 JAIL EMPLOYEES Compensation of in certain Counties 197 JEFFERSON COUNTY, COUNTY COURT OF Abolished 383 JENKINS COUNTY Board of Commissioners, abolished 448 JENKINS COUNTY Board of Commissioners created 449 JOHNSON SUPERIOR COURT Terms of 88 JUDICIAL CIRCUITS Salaries of stenographers for 200 JUDICIAL SYSTEM Commission to revise 1688 JURORS AT PRECEDING TERM Eligibility of 72 JUSTICE OF THE PEACE Jurisdiction of in certain cities 66

Page 1718

K KIRKWOOD, TOWN OF Charter amended 1302 L LAURENS COUNTY Board of Commissioners, Act creating amended 453 LAURENS COUNTY Bond Commission created 457 LEESBURG, CITY COURT OF Act creating amended 275 LESLIE, TOWN OF Charter amended 1304 LIBERTY COUNTY Board of Commissioners, Act creating amended 461 LIBERTY COUNTY Board of Commissioners, Act creating amended 461 LICENSE BY UNITED STATES Evidence of violation of prohibition law 180 LILLY, TOWN OF New charter for 1323 LOBBYING Prohibited 151 LOUISVILLE, CITY COURT OF Established 277 LUMPKIN State Depository in 61

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M MACON Charter amended 1367 MADISON, CITY COURT OF Act creating amended 296 MANCHESTER Charter amended 1378 MANUFACTURING ESTABLISHMENTS Hours of labor in 65 MARIETTA Charter amended 1379 MARIETTA School bonds 1387 MARIETTA School law annulled 1389 MARSHALLVILLE Charter amended 1390 MARSHALLVILLE Charter amended 1393 McCAYSVILLE, TOWN OF Incorporated 1352 McRAE, CITY COURT OF Act creating amended 293 MEDICAL COLLEGE OF GEORGIA A branch of the University 154 MIDDLETON, TOWN OF Incorporated 1395 MILLEN, CITY COURT OF Abolished 299

Page 1720

MILLEN, CITY COURT OF Established 301 MILTON COUNTY Board of Commissioners created 263 MINORS Contracts of for education valid 163 MOLENA, TOWN OF Charter amended 1304 MONROE Charter amended 1307 MONTGOMERY COUNTY Board of Commissioners, Act creating amended 469 MONTGOMERY SUPERIOR COURT Terms of 90 MORELAND Charter amended 1409 MORRIS, TOWN OF Incorporated 1420 MOTIONS FOR NEW TRIALS Grounds of 150 MOULTRIE Charter amended 1424 MOULTRIE, CITY COURT OF Abolished 307 MUNICIPAL CORPORATIONS Aberdeen, town of, incorporated 523 Adel, charter amended 526 Alamo, charter amended 529 Albany, disposition of certain streets 530 Aldora, charter amended 532

Page 1721

Alvaton, town of, incorporated 533 Americus, charter amended 549 Arlington, charter amended 551 Athens, charter amended 554 Atlanta, new charter for 556 Augusta, charter amended 641 Ball Ground, new charter for 650 Ball Ground, school district incorporated 693 Baxley, new charter for 700 Benevolence, town of, incorporated 728 Blackshear, city of, incorporated 734 Blue Ridge, new charter for 782 Bogart, town of, incorporated 788 Boston, election of clerk and treasurer 794 Bostwick, town of, Act incorporating repealed 795 Bostwick, city of, incorporated 796 Bowersville, town of, public school system established 840 Bremen, charter amended 850 Bronwood, charter amended 851 Brooklet, charter amended 853 Brunswick, charter amended 856 Brunswick, charter amended 862 Brunswick, charter amended 867 Buford, public school system established 869 Bullochville, charter amended 877 Byromville, charter amended 879 Cairo, charter amended 881 Canon, public school system established 894 Canon, city of, incorporated 898 Candler, charter amended 915 Carlton, school trustees elected 917 Cartersville, new charter for 919 Claxton, new charter for 942 Cleveland, town of, incorporated 962

Page 1722

Climax, charter amended 971 Colquitt, Charter amended 972 Comer, charter amended 973 Commerce, Act incorporating amended 975 Conyers, charter amended 977 Cordele, new charter for 990 Covington, charter amended 1043 Dallas, new charter for 1047 Dallas, bonds for waterworks 1089 Dalton, charter amended 1092 Dalton, charter amended 1097 Decatur, charter amended 1101 Denton, town of, incorporated 1102 Douglas, charter amended 1108 Dublin, charter amended 1112 Dupont, charter repealed 1115 Dupont, new charter for 1116 East Point, charter amended 1123 Elberton, school law amended 1134 Empire, town of, incorporated 1146 Fayetteville, charter amended 1171 Flovilla, charter amended 1213 Folkston, city of, incorporated 1215 Glennville, new charter for 1228 Gray, new charter for 1267 Greenville, charter amended 1276 Guyton, charter amended 1277 Guyton, charter amended 1280 Harrison, charter amended 1281 Hazlehurst, charter amended 1284 Hazlehurst, public school system amended 1286 Hiram, charter amended 1287 Hiram, public school system amended 1289 Homer, school district of, incorporated 1291

Page 1723

Hull, charter amended 1298 Inman, town of, incorporated 1299 Kirkwood, charter amended 1302 Leslie, charter amended 1304 Lilly, new charter for 1323 McCaysville, town of, incorporated 1352 Macon, charter amended 1367 Manchester, charter amended 1378 Marietta, charter amended 1379 Marietta, school bonds 1387 Marietta, school law amended 1389 Marshallville, charter amended 1390 Marshallville, charter amended 1393 Middleton, town of, incorporated 1395 Molena, charter amended 1404 Monroe, charter amended 1407 Moreland, charter amended 1409 Morris, town of, incorporated 1420 Moultrie, charter amended 1424 Newnan, charter amended 1427 Newnan, charter amended 1428 Newnan, public school system amended 1430 Norman Park, charter amended 1433 Odum, city of, incorporated 1434 Oglethorpe, charter amended 1460 Oglethorpe, public school system amended 1477 Ohoopee, new charter for 1481 Oxford, charter amended 1499 Palmetto, charter amended 1500 Parrott, charter amended 1501 Pavo, charter repealed 1503 Pavo, town of, new charter for 1503 Preston, charter amended 1524 Quitman, school law amended 1528 Ray's Mill, charter amended 1530

Page 1724

Savannah, Park and Tree Commission, Act creating amended 1531 Savannah, ferry rights of 1533 Scotland, town of, incorporated 1535 Smyrna, charter amended 1561 Stonewall, town of, incorporated 1567 Surrency, new charter for 1577 Swainsboro, charter amended 1572 Sycamore, charter amended 1574 Sylvester, charter amended 1595 Tennille, charter amended 1596 Thomasville, public school law amended 1599 Thomasville, charter amended 1600 Tunnell Hill, charter amended 1602 Tyrone, town of, incorporated 1604 Union Point, charter amended 1609 Valdosta, charter amended 1612 Valdosta, charter amended 1614 Vienna, charter amended 1615 Washington, charter amended 1616 Weston, town of, incorporated 1620 Wilburn, repeal of charter submitted to voters 1637 Woodville, city of, incorporated 1639 N NAME OF ASSAULTED FEMALE Publication of prohibited 179 NASHVILLE. CITY COURT OF Act creating amended 210 NEWNAN Charter amended 1427 NEWNAN Charter amended 1428 NEWNAN Public school system amended 1430 NEWTON COUNTY Road bonds, etc. 473 NORMAN PARK, TOWN OF Charter amended 1433 NORTH GEORGIA AGRICULTURAL COLLEGE Secretary and Treasurer 161 O ODUM, CITY OF Incorporated 1434 OHOOPEE New charter for 1481 OFFICERS OF COURT Compensation of in certain counties 199

Page 1725

OGLETHORPE COUNTY Board of Commissioners, Act creating amended 475 OGLETHORPE Charter amended 1460 OGLETHORPE Public school system amended 1477 OXFORD Charter amended 1499 P PALMETTO Charter amended 1500 PARCELS POST LAW Resolution relative to 1694

Page 1726

PARROTT Charter amended 1501 PAULDING COUNTY Game law for 478 PAVO Charter repealed 1503 PAVO, TOWN OF New charter for 1503 PEACE MEASURES International, relative to 1694 PEMBROKE, CITY COURT OF Created 312 PENITENTIARY Committee to investigate 1684 PENSION CLERK Salary of 77 PENSIONS DUE IN 1911 Appropriation for deficiency 1673 PENSION OF WILLIAM T. WOOD Appropriation for 1674 PIERCE COUNTY, COUNTY COURT OF Abolished 384 POULTRY ASSOCIATION Convention of American 1697 PRACTICE In courts of review 149 PRESTON Charter amended 1524 PRINTING FUND Appropriation for deficiency 1671

Page 1727

PUBLIC LANDS IN SUMTER COUNTY Sale of authorized 1690 PUBLIC SCHOOLS Laws concerning revised 94 PUBLIC ROAD FUND Tax rate for increased 56 PULASKI COUNTY Board of Commissioners abolished 479 PULASKI COUNTY Board of Commissioners created 480 Q QUITMAN, CITY COURT OF Abolished 331 QUITMAN, CITY COURT OF Established 333 QUITMAN, CITY OF School law amended 1528 QUITMAN COUNTY Board of Commissioners, Act creating amended 488 R RAY'S MILL, TOWN OF Charter amended 1530 REFRIGERATOR CARS Transportation of on Sunday 70 REPRESENTATIVES (HOUSE OF) Reapportioned 148 REYNOLDS State depository in 62

Page 1728

RICHMOND COUNTY, CITY COURT OF Act creating amended 352 RICHMOND COUNTY Compensation of treasurer 489 ROADS, PUBLIC Tax rate for increased 56 ROCKMART State depository in 62 S SALARIES For certain county officers 186 SAN FRANCISCO EXPOSITION Commissioners to 1686 SAVANNAH Park and Tree Commission, Act creating amended 1531 SAVANNAH Ferry rights of 1533 SAWDUST Floating into streams prohibited 185 SCHLEY COUNTY Board of Education created 494 SCHOOL BUILDINGS Authority to tax for, in certain counties repealed 165 SCHOOL COMMISSIONERS, COUNTY Examination of Applicants 94 SCHOOL OF TECHNOLOGY Tuition of non-residents 159

Page 1729

SCHOOLS, COMMON Uniform system of 46 SCHOOLS, PUBLIC Laws revised 94 SCOTLAND, TOWN OF Incorporated 1535 SCREVEN COUNTY Board of Commissioners, Act creating amended 490 SHELLMAN State depository in 63 SMITH, HON. H. C. Per diem and mileage 1676 SMYRNA Charter amended 1561 SPALDING COUNTY School districts consolidated 497 SPECIAL ELECTIONS Qualifications of voters 167 SPRINGFIELD, CITY COURT OF Act creating amended 352 STATE BANK EXAMINER Stenographer's salary 198 STATE BOARD OF ENTOMOLOGY Appropriation for 43 STATE DEPOSITORY In Alpharetta 57 Atlanta 58 Decatur 58 Eatonton 59 Fairburn 60

Page 1730

Lumpkin 61 Reynolds 62 Rockmart 62 Shellman 53 Uvalda 64 STATE NORMAL SCHOOL Appropriation for 34 STATE TREASURY To supply deficiencies 49 STATESBORO, CITY COURT OF Act creating amended 353 STENOGRAPHERS OF JUDICIAL CIRCUITS Salaries of 200 STEPHENS SUPERIOR COURT Terms of 91 STONEWALL, TOWN OF Incorporated 1567 SUMTER COUNTY Public lands in, sales of authorized 1690 SUPERIOR COURTS Brunswick and Waycross Circuits, terms of courts in 79 Dublin Judicial Circuit created 81 Cobb Superior Court, terms of 83 Crawford Superior Court, terms of 84 Crisp Superior Court, terms of 85 Effingham Superior Court, terms of 86 Franklin County Transferred to Northern Circuit 87 Johnson Superior Court, terms of 88 Montgomery Superior Court, terms of 90 Stephens Superior Court, terms of 91 Worth Superior Court, terms of 92

Page 1731

SUPERIOR COURT JUDGES Requested to report on criminal laws 1689 SUPREME COURT Practice in 149 SURRENCY New charter for 1577 SWAINSBORO Charter amended 1573 SWAINSBORO CITY COURT Act creating amended 356 SWAINSBORO, CITY COURT OF Act creating amended 357 SWAINSBORO, CITY COURT OF Act creating amended 362 SWAINSBORO, CITY COURT OF Act creating amended 366 SYCAMORE Charter amended 1574 SYLVESTER Charter amended 1595 SYLVESTER, CITY COURT OF Abolished 367 T TARE ON BALES OF COTTON Resolutions in relation to 1695 TARE, WEIGHT OF BAGGING AND TIES Deduction for from weight of cotton 182 TAX RATE FOR PUBLIC ROADS Increased 56

Page 1732

TAX RETURNS TO COMPTROLLER-GENERAL When made 51 TECHNOLOGY, SCHOOL OF Tuition fees of non-residents 159 TENNILLE Charter amended 1596 TENTH DISTRICT AGRICULTURAL AND INDUSTRIAL SCHOOL Appropriation for 1672 TERRELL COUNTY Sale of Near Beer prohibited 500 THOMAS COUNTY Board of Commissioners, Act creating amended 501 THOMASVILLE Charter amended 1600 THOMASVILLE Public school law amended 1599 TREATY WITH RUSSIA Resolutions relative to 1692 TOOMBS COUNTY Road law amended 503 TUNNELL HILL Charter amended 1602 TURNER COUNTY Slaughtering animals regulated 506 TYRONE, TOWN OF Incorporated 1604 U UNEXPIRED TERMS IN CERTAIN OFFICES Appointees hold over 169

Page 1733

UNFINISHED BUSINESS OF LEGISLATURE Resolution relative to 1699 Resolution relative to 1699 Resolution relative to 1697 UNIFORM LEGISLATION FOR COUNTIES AND MUNICIPALITIES Committee to report 1682 UNION POINT Charter amended 1609 UNIVERSITY AND ITS BRANCHES Committee to visit 1683 UNIVERSITY Medical branch added 154 UVALDA State depository in 64 V VALDOSTA Charter amended 1612 VALDOSTA Charter amended 1614 VENUE In criminal cases, how changed 74 In criminal cases, proof of 149 VIENNA Charter amended 1615 W WALKER COUNTY Chickamauga School District, law of amended 507

Page 1734

WARREN COUNTY Road tax, when payable 509 WASHINGTON Charter amended 1616 WASHINGTON, CITY COURT OF Abolished 371 WATER COURSES Protection of from floating sawdust 185 WAYCROSS, CITY COURT OF Act creating amended 375 WAYCROSS, CITY COURT OF Act creating amended 375 WAYCROSS, CITY COURT OF Terms of 373 WAYNE COUNTY, COUNTY COURT OF Act creating amended 385 WESTON, TOWN OF Incorporated 1620 WHITE COUNTY Road law 510 WIFE Competent to testify in certain cases 68 WILBURN, TOWN OF Repeal of charter 1637 WILKES COUNTY Board of Commissioners, Act creating amended 515 WOOD, WILLIAM T. Pension of 1674

Page 1735

WOODVILLE, CITY OF Incorporated 1639 WORTH SUPERIOR COURT Terms of 92 WRIGHTSVILLE, CITY COURT OF Abolished 376

Page 1737

TREASURER'S REPORT

Page 1738

Report of J. Pope Brown, Treasurer, Showing Receipts and Disbursements at the State Treasury for the Year Ending December 31, 1910. 1910 1909 * * For purpose of comparison receipts 1909 are also given. RECEIPTS. Dr. Dr. To Balance in the Treasury January 1, 1910 (1909) $ 486,157.89 $ 638,717.82 To Abstract Companies' Tax 45.00 54.00 To Agencies' Tax 1,260.00 1,254.95 To Artists Tax 1,867.50 1,899.50 To Auctioneers' Tax 585.00 675.63 To Automobile Dealers' Tax 12,420.00 6,759.04 To Back Taxes 2,949.84 To Ball and other Parks 410.86 225.00 To Bicycle Dealers 567.00 681.12 To Billard and Pool Tables 32,863.16 28,417.50 To Building and Loan Associations 30.00 To Bottlers 3,609.00 4,061.58 To Cash Registers 99.00 To Clerks Costs, Court of Appeals 988.75 802.50 To Cigarette Dealers 21,267.00 15,851.80 To Cold Storage Corporations and Agents 4,747.50 4,887.00 To Conscience Money 10.00 To Corporation Tax (ad valorem) 45,796.05 37,196.07 To Costs on Fi fas 8.50 3.50 To Dividend from Stocks 2,596.00 2,596.00 To Detective Agencies 27.00 90.00 To Electric Shows and Theatres 3,069.00 1,809.00 To Express Companies Tax 5,743.42 5,723.31 To Fees from Fertilizers 60,248.43 56,603.52 To Fees from Pure Food 10,323.20 4,299.36 To Games, Tax on 1,478.50 2,394.00 To General Tax 2,897,779.02 2,961,351.44 To Hire Convicts 184,891.05 To Insolvent General Tax 3,695.25 5,283.15 To Insolvent Poll Tax 679.86 1,648.36 To Insurance Agents 13,378.50 15,008.13 To Insurance Fees 29,670.80 28,771.52 To Insurance Tax 149,055.17 150,610.67 To Interest from Depositories 10,197.42 8,512.70 To Investment Companies' Tax 200.00 250.00 To Lease Indian Springs Property 220.00 110.00 To License Fees Near Beer 249,183.85 222,867.94 To Lightning Rod Agents 45.00 To Loan Agents 423.00 450.00 To Liquor Tax 47.00 To Locker Tax 16,020.00 9,650.00 To Manufacturers Soft Drinks 1,713.30 450.00 To Money Refunded 220.26 4,292.54 To Mowing Machine Agents 280.00 To North Eastern Railroad 3,745.00 3,745.00 To Occupation Tax on Capital Stock 44,564.55 34,265.09 To Office Fees 7,501.50 3,672.75 To Oil Fees 18,397.06 16,710.23 To Palmist Tax 90.00 To Pawnbrokers' Tax 8,212.50 7,631.61 To Peddlers' Tax 9,506.25 7,698.05 To Pensions Refunded 3,250.25 9,045.80 To Pistol Dealers' Tax 9,022.50 9,498.78 To Poll Tax 279,465.10 312,918.37 To Railroad Tax 545,440.98 608,608.07 To Railroad News Companies 540.00 270.00 To Real Estate Agents 2,830.50 2,160.91 To Rent Public Property 90.31 120.00 To Rent Western Atlantic Railroad 420,012.00 420,012.00 To Rinks 184.50 630.00 To Sale of Acts 761.95 746.60 To Sale of Basement Rubbish 40.80 To Sale of Codes 424.10 744.05 To Sale of Journals 11.95 3.50 To Sale of Records 105.80 256.50 To Sale of Court of Appeals Reports 2,866.36 2,784.45 To Sale of School Land 555.00 To Sale of Supreme Court Reports 8,445.23 11,303.85 To Sewing Machine Agents 2,227.00 2,206.00 To Sewing Machine Companies 1,680.00 1,200.00 To Show Tax 11,772.10 8,724.60 To Sleeping Car Companies 2,814.08 2,290.15 To Slot Machines 963.00 704.02 To Soda Founts 5,041.50 5,060.76 To Specialists 126.00 157,50 To Tax on Immigrants 450.00 To Telegraph Tax 5,294.63 5,291.50 To Telephone Tax 30,005.85 26,182.46 To Temporary Loan 139,450.00 99,725.00 To Traders 1,215.00 1,395.00 To Typewriter Tax 378.00 234.78 To Wild Lands 285.53 19.76 To Directory Tax 180.00 To Dog Tax 35,493.69 To Tobacco Tags 180.00 Total Receipts $5,675,028.80 $6,015,734.64

Page 1739

1910 1909 * * For purpose of comparison disbursements for 1909 are also given. DISBURSEMENTS. Cr. Cr. By Academy for Blind $ 23,000.00 $ 23,000.00 By Agricultural Schools 88,000.00 105,600.00 By Binding Journals 550.00 1,650.00 By Board of Health 21,500.00 16,000.00 By Binding Codes 200.00 By Civil Establishment 226,556.37 218,890.26 By Clerks Costs, Court of Appeals 1,106.25 1,021.25 By College for Colored 8,000.00 7,999.96 By Cattle Inspectors 500.00 By Court of Appeals Report 37.96 By Contingent Fund 25,673.95 15,123.99 By Contingent Fund Railroad Commission 3,000.00 3,000.00 By Contingent Fund Supreme Court 926.52 1,130.77 By Contingent Fund, Court of Appeals 772.52 659.49 By Department of Agriculture 31,703.61 13,000.00 By Georgia Experiment Station 709,70 639.12 By Georgia State Sanitarium 454,463.46 425,000.00 By Geological Fund 9,945.16 11,443.00 By Georgia Normal and Industrial College 42,500.00 35,000.02 By Horticultural Fund 17,473.66 16,100.00 By Incidental Expense General Assembly 82.05 93.26 By Indexing House and Senate Journals 225.00 75.00 By Inspections of Oils 1,279.85 1,199.70 By Insurance Public Buildings, Etc 2,422.50 By Land Script Fund Interest 6,314.14 6,314.14 By Legislative Pay Roll 67,083.76 67,100.28 By Library Fund 2,685.31 3,213.35 By Library Fund, Court of Appeals 715.65 626.91 By Military Fund 22,040.44 29,085.30 By North Georgia A. M. College (Dahlonega) 21,500.00 21,500.00 By Oglethorpe Monument 7,500.09 By Overpayment Taxes Refunded 5,673.15 3,741.20 By Pension Fund 940,461.25 944,694.08 By Prison Fund 83,608.16 229,178.48 By Printing Fund 33,989.15 19,324.81 By Printing and Binding Code 11,000.00 By Printing Fund Geological Department 1,731.76 2,347.48 By Printing Fund Railroad Commission 2,317.98 1,912.66 By Public Buildings and Grounds 31,473.00 24,850.00 By Publishing Georgia Records (Colonial and Confederate) 14,108.54 6,016.52 By Publishing Georgia Reports 10,364.01 10,287.62 By Public Debt 398,569.95 390,782.50 By Rate Expert Expenses 333.01 229.60 By Reward Fund 1,545.26 1,961.54 By Roster Fund 1,080.64 900.00 By School for the Deaf 45,145.92 37,417.76 By School Fund 1,961,344.51 2,422,843.07 By School of Technology 70,000.00 60,000.00 By Soldiers' Home 25,000.00 23,000.00 By Solicitors Generals' Fees 6,805.00 5,855.00 By Special Appropriation McLendon Case 695.00 By Special Appropriations, Miscellaneous 9,597.27 13,660.18 By Special Appropriations, Code Commission 6,669.85 819.30 By Special Appropriations W. A. R. R. Committee 113.66 By State Normal School (Athens) 42,000.00 35,744.96 By State University, Support Fund 45,500.00 45,999.98 By State University for Agricultural College 60,000.00 49,999.98 By State University for Farmers' Institute 2,500.00 2,500.00 By State University for Summer School 5,000.00 5,000.00 By Stationery, General Assembly 773.31 722.50 By Tuberculosis Sanitarium 19,000.00 6,000.00 By Temporary Loan Refunded 140,083.33 150,475.00 $ 5,056,104.95 $ 5,529,576.75 To Balance in the State Treasury, December 31, 1910 and 1909 618,923.85 486,157.89 Total $ 5,675,028.80 $ 6,015,734.64

Page 1741

Supreme Court of Georgia SUPREME COURT OF GEORGIA. HON. WILLIAM H. FISH Chief Justice. HON. BEVERLY D. EVANS Presiding Justice. HON. JOSEPH HENRY LUMPKIN Associate Justice. HON. MARCUS W. BECK Associate Justice. HON. SAML. C. ATKINSON Associate Justice. HON. HORACE M. HOLDEN Associate Justice. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. Z. D. HARRISON Clerk. W. E. TALLEY Deputy Clerk. JAMES W. VAUGHAN Sheriff. Court of Appeals HON. B. H. HILL Chief Judge. HON. R. B. RUSSELL Judge. HON. A. G. POWELL Judge. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK Sheriff.

Page 1742

Superior Court Calendar for 1911-12 ALBANY CIRCUIT. HON. FRANK PARK, Sylvester, Judge; W. E. WOOTEN, Albany, Solicitor-General. BakerThird Mondays in March and September. CalhounFirst Mondays in June and December. DecaturSecond Mondays in May and November. DoughertyFourth Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond Mondays in April and October. TurnerSecond Mondays in March and September. WorthFourth Mondays in January, April, July and October. ATLANTA CIRCUIT. HON. JOHN T. PENDLETON, Atlanta, Judge; HON. WM. D. ELLIS, Atlanta, Judge; HON. GEORGE L. BELL, Atlanta, Judge; HUGH M. DORSEY, ATLANTA, Solicitor-General. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. WALTER W. SHEPPARD, Savannah, Judge; N. J. NORMAN, Savannah, Solicitor-General. BryanFirst Mondays in May and November. EffinghamThird Mondays in April and October. LibertyThird Mondays in February and September. McIntoshFourth Monday in May and first Monday in December. TattnallFirst Mondays in April and October. AUGUSTA CIRCUIT. HON. HENRY C. HAMMOND, Augusta, Judge; J. S. REYNOLDS, Augusta, Solicitor-General. BurkeFirst Mondays in April and October. ColumbiaFourth Mondays in March and September. McDuffieFirst Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November.

Page 1743

BLUE RIDGE CIRCUIT. HON. NEWTON A. MORRIS, Marietta, Judge; J. P. BROOKE, Alpharetta, Solicitor-General. CherokeeFourth Monday in February and first Monday in August. CobbSecond Monday in March, third Monday in July, and third Monday in November. FanninFourth Monday in May and third Monday in October. ForsythThird Monday in March and fourth Monday in August. GilmerThird Monday in May and second Monday in October. MiltonFirst Monday in March and third Monday in August. PickensFirst Monday in April and fourth Monday in September. BRUNSWICK CIRCUIT. HON. C. B. CONYERS, Brunswick, Judge; J. H. THOMAS, Baxley, Solicitor-General. ApplingSecond and third Mondays in March and October. CamdenFirst Mondays in April and November. GlynnThird Mondays in May and December, and continuing as long as business may require. Jeff DavisThird and fourth Mondays in February and September. WayneThird and fourth Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HON. S. P. GILBERT, Columbus, Judge; GEORGE C. PALMER, Columbus, Solicitor-General. ChattachoocheeFourth Mondays in February and August. HarrisSecond Mondays in April and October. MarionFourth Mondays in March and September. MuscogeeFirst Mondays in February, May, August and November. TalbotSecond Mondays in March and September. TaylorFirst Mondays in April and October. CHEROKEE CIRCUIT. HON. A. W. FITE, Cartersville, Judge; THOS. C. MILNER, Cartersville, Solicitor-General. BartowSecond Mondays in January and July. CatoosaFirst Mondays in February and August. DadeThird Mondays in March and September. GordonFourth Mondays in February and August. MurrayThird Monday in February and second Monday in August. WhitfieldFirst Mondays in January and April, fourth Monday in July and second Monday in October.

Page 1744

CORDELE CIRCUIT. HON. U. V. WHIPPLE, Cordele, Judge; WALTER F. GEORGE, Vienna, Solicitor-General. Ben HillFirst and second Mondays in April and October. CrispThird Mondays in February, May, August and November. DoolyFirst and second Mondays in May and November. IrwinFirst and second Mondays in March and September. WilcoxThird and fourth Mondays in March and September. COWETA CIRCUIT. HON. R. W. FREEMAN, Newman, Judge; J. R. TERRELL, Greenville, Solicitor-General. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February and August. TroupFirst Mondays in February and August. DUBLIN CIRCUIT. HON. K. J. HAWKINS, Dublin Judge; Solicitors-General: for Johnson, ALF. HERRINGTON, Swainsboro; for Laurens and Twiggs, E. D. GRAHAM, Mcrae; for Wilkinson, J. E. POTTLE, Milledgeville. * * The Act creating the Dublin Circuit and fixing the terms of courts, as above listed, was approved August 18, 1911. By another Act, also approved August 18, 1911, the terms of Johnson Superior Court are required to begin on the fourth Mondays in March, July and November. JohnsonFirst Mondays in March, June, September and December. LaurensFourth Mondays in January, April, July and October (each term two weeks). TwiggsSecond Mondays in January, April, July and October. WilkinsonFirst Mondays in January, April, July and October. EASTERN CIRCUIT. HON. WALTER G. CHARLTON, Savannah, Judge; WALTER C. HARTRIDGE, Savannah, Solicitor-General. ChathamFirst Mondays in March and June, third Monday in October, and first Monday in December.

Page 1745

FLINT CIRCUIT. HON. ROBERT T. DANIEL, Griffin, Judge; J. W. WISE, Fayetteville, Solicitor-General. ButtsThird Mondays in February and August. FayetteThird Mondays in March and September. HenryThird Mondays in April and October. MonroeFirst Monday in February and fourth Monday in August. PikeFirst Mondays in April and October. SpaldingThird Monday in January and first Monday in August. UpsonFirst Mondays in May and November. MACON CIRCUIT. HON. W. H. FELTON, Macon, Judge; W. J. GRACE, Macon, Solicitor-General. BibbFirst Monday in February, third Mondays in April and July, and first Monday in November. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. MIDDLE CIRCUIT. HON. B. T. RAWLINGS, Sandersville, Judge; ALFRED HERRINGTON, Swainsboro, Solicitor-General. BullochFourth Mondays in April and October. EmanuelSecond Mondays in April and October. JeffersonSecond Mondays in May and November. JenkinsSecond Mondays in March and September. ScrevenThird Mondays in May and November. ToombsThird Mondays in February and August. WashingtonFirst Mondays in March and September. NORTHEASTERN CIRCUIT. HON. J. B. JONES, Toccoa, Judge; ROBERT McMILLAN, Clarkesville, Solicitor-General. DawsonSecond Monday in March and first Monday in August. HabershamFirst Monday in March and second Monday in August. HallThird Mondays in January and July. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. StephensSecond Monday in February and first Monday in September. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteSecond Mondays in April and October.

Page 1746

NORTHERN CIRCUIT. HON. DAVID W. MEADOW, Elberton, Judge; THOS. J. BROWWN Elberton, Solicitor-General. ElbertSecond Mondays in March and September. FranklinFourth Mondays in March and September. HartSecond Mondays in April and October. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in April and October. OCMULGEE CIRCUIT. HON. JAMES B. PARK, Greensboro, Judge; J. E. POTTLE, Milledgeville, Solicitor-General. BaldwinSecond Mondays in January and July. GreeneFourth Monday in January and fourth Monday in July. HancockFourth Mondays in March and September. JasperThird Mondays in February and August. JonesThird Mondays in April and October. MorganFirst Mondays in March and September. PutnamThird Mondays in March and September. OCONEE CIRCUIT. HON. J. H. MARTIN, Hawkinsville, Judge; E. D. GRAHAM, McRae, Solicitor-General. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August and November. PulaskiSecond and third Mondays in February and August. TelfairThird Mondays in April and October. PATAULA CIRCUIT. HON. W. C. WORRILL, Cuthbert, Judge; J. A. LAING, Dawson, Solicitor-General. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanSecond Mondays in March and September. RandolphFirst Mondays in May and November. TerrellFourth Mondays in May and November.

Page 1747

ROME CIRCUIT. HON. JOHN W. MADDOX, Rome, Judge; J. W. BALE, LaFayette, Solicitor-General. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August. SOUTHERN CIRCUIT. HON. W. E. THOMAS, Thomasville, Judge; JOHN A. WILKES, Moultrie, Solicitor-General. BerrienThird Mondays in March and September. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsTuesdays after second Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird weeks in April and October. TiftFirst Mondays in July and December. SOUTHWESTERN CIRCUIT. HON. Z. A. LITTLEJOHN, Americus, Judge; J. R. WILLIAMS, Americus, Solicitor-General. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. HON. L. S. ROAN, Fairburn, Judge; C. S. REID, Palmetto, Solicitor-General. CampbellFirst and second Mondays in February and August. ClaytonFourth Mondays in February and August. DeKalbFirst and second Mondays in March and September. NewtonThird Mondays in March and September. RockdaleFirst Mondays in April and October.

Page 1748

TALLAPOOSA CIRCUIT. HON. PRICE EDWARDS, Buchanan, Judge; J. R. HUTCHESON, Douglasville, Solicitor-General. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Monday in August. PolkFourth Mondays in February and August. TOOMBS CIRCUIT. HON. B. F. WALKER, Gibson, Judge; THOS. J. BROWN, Elberton, Solicitor-General. GlascockThird Mondays in February, May, August and November. LincolnFourth Mondays in April, July, October and January. TaliaferroFourth Mondays in February, May, August and November. WarrenFirst Mondays in April, July, October and January. WilkesFirst Mondays in May, August, November and February. WAYCROSS CIRCUIT. HON. T. A. PARKER, Waycross, Judge; M. D. DICKERSON, Douglas, Solicitor-General. CharltonFirst Mondays in March and October. ClinchFourth Mondays in March and October. CoffeeFirst and second Mondays in February and September. PierceSecond Mondays in April and November. WareFirst and second Mondays in May and December. WESTERN CIRCUIT. HON. CHAS. H. BRAND, Athens, Judge; CLIFFORD WALKER, Monroe, Solicitor-General. BanksThird Mondays in March and September. ClarkeSecond Mondays in April and October. GwinnettFirst Mondays in March, June, September and December. JacksonFirst Mondays in February and August. OconeeFourth Mondays in January and July. WaltonThird Mondays in February and August.